Newspaper of The Democratic Advocate, May 20, 1876, Page 1

Newspaper of The Democratic Advocate dated May 20, 1876 Page 1
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$2 PER ANNUM PUBLIC GENERAL LAWS TABARD BY The General Assembly of Maryland, At the January SesHion, 1870. IM HUSHED HV AUTHORITY. CH AFTER 242. Regulation of Incorporated Oompauies, AN ACT To repeal chapter four hundred and seventy nix of the Acta of eighteen hundred and seventy, entitled “an Act to provide for the creation and regulation of Incorporated Companies in the State of Maryland, and to enact a substitute therefor. Section 1. Re it enacted by the General Assembly of Maryland, That chapter four hundred and seventy-six of the Acts of eigh teen hundred and seventy, entitled “an Act to provide for the creation and regulation of incorporated companies in the State of Ma ryland'' he, and the same is hereby repealed, uml the following enacted in lieu thereof: Sec. 2. And ho it enacted, That any num ber of natural persons, not less than five, three of whom shall be citizens of Maryland, may become a body corporate, with all the rights, privileges and powers conferred by, and subject to all the restrictions of this Act. Sec. . And be it enacted, That any num ber of persons us aforesaid, associating to form a company for the purpose of construct ing or operating a railroad shall, under their hands and seals, make a .certificate which shall specify as follows : first, the name as sumed by such company, and by which it shall he known; second, the name of the pla ces of the termini of said road, and the coun ty or counties, city or cities through which such road shall pass; third, the amount of capital stock necessary to construct such road; such certificate shall bo acknowledged before a Justice of the Peace, and certified by the Clerk of the Circuit Court of any county through which the road passes, and when said certificate is executed it shall be the duty of the persons executing the same to submit it to one of the Judges of the Judicial Circuit within which the county where it was ac knowleged may lio, or to one of the Judges of the Supremo Bench of Baltimore city, if acknowledged in said city, in order that the said Judge may determine whether said certificate is in conformity with the law and if the said Judge shall so determine he shall certify his said determination upon the said certificate which shall be forwarded to the Secretary of State who shall record and carefully preserve the same in his office and a copy thereof duly certified by the Secretary of State under the Great Seal of the State of Maryland shall be evidence of the existence‘of such company. Sec. 4. And be it enacted, That when the foregoing provisions have been complied with the persons named as corporators in said cer tificate are hereby authorized to carry into effect the objects named in said certificate, in accordance with the provisions of this Act. and they and their associates, successors ami assigns by the name and stylo provided in said certificate shall thereafter he deemed a body corporate with succession, with power to sue and la? sued, plead and be impleaded, defend and be defended, contract ami be con tracted with, acquire and convoy at pleasure all such real and personal estate ns may be necessary and convenient to carry into effect the objects of the incorporation, to make and use a common seal, and the same to alter at pleasure, and do all needful acts to carry into effect the objects for which it was created: and such company shall possess all the pow- { ers and he subject to all rules and restrictions provided by this Act. Sec. 6. And bo it enacted, That said cor porations shall be authorized to construct and maintain a railroad with a single or double track, with such side tracks, turn outs, offices and depots as they may deem necessary be tween the points named in the certificate, commencing at or within and extending to or into any town, city or village named us the place of the termini of such road, and con struct branches from the main line to other towns or places within the limits of any coun ty through which said road may pass. Sec. 6. And be it enacted, '1 hat the capital stock of such company shall bo divided in to i shares of fifty dollars e&ch and consist of such sum as may be named in the certificates; such shares shall be regarded as personal proper- 1 ty, shall be subject to execution at law, and to taxation ns other personal properly. Sec. 7. And be it enacted, That an instul- ; incut of five dollars in actual cash on each share of stock shall be payable at the time of i making the subscription and tho residue thereof shall be paid in such instalments and at such times and places and to such persons j as may be required by the directors of such company. Sec. 8. And be it enacted. That if any in- i stalment of stock shall remain uujtaid for ! sixty days after the time it may be required, j whether such stock is held by any assignee, i transferree or the original subscriber, the same may be collected by action of debt or i the directors may sell the stock so unpaid ut i public auction for tho instalment then due I thereon, first giving thirty days public notice of the time and place of sale in some news paper iu general circulation in the county ; where such delinquent stock holders reside; at the time of making such subscription or i becoming such assignee or transferree, or of his actual residence at the time of said sale, or if such stock holder reside out of the State, such publication shall be made in the county | where the principal office of the company is located, and if any residue of money shall re main after paying the amount due on said i stock, the same shall, on demand, he paid -over to the owner; if the whole of said instal ment be not paid by such sale the remainder shall be recoverable by an action of debt \ against tho subscriber, assignee or transferee. Sec. 9. And bo it enacted, That whenever any railroad company heretofore incorporated •or created and incorporated under the provi- j siona of this Act shall, in the opinion of the directors thcrof, require an increased amount of capital stock, they shall, if authorized by the holders of three-fourths of all of the stock, { hie with the Comptroller of tho State a cerli- I ficate setting forth the amount of such desired j increase and thereafter such company shall he entitled to have such increased capital as ii fixed by said certificate. Sec, 10. And be it enacted, That tho per- | sons named in said certificate of the corpora tion or any three of them shall be authorized to order books to bo opened for receiving , subscriptions to the capital stock of said com 1 pany at such time or times and at such place or places os they may deem expedient, after having given ut least thirty days notice in a newspaper published or generally circulated in one or more counties where books of sub scription are to be opened, of the time and place of opening books, aud so soou as tea per centum on the capital stock shall be sub scribed they may give like notice for the stock holders to meet at such lime and place as they may designate, for the purpose of choosing seven directors who shall continue in office until the time fixed for the annual election snd until their successors are chosen and Sualilied, ut the time and place appointed ; irectors shall be chosen by ballot by such of the slock holders os shall attend for that pur pose either in person or by lawful proxies, each share shall entitle the owner to one vote and a plurality of votes shall be necessary for a choice, but after the first election of direc tors no person shall vote on any share on which any instalment is due and unpaid, the persons named in such certificate, or such of them us may bo present shall be inspectors of such election and shall certify what per sons are elected directors and appoint the lime and place for holding their first meeting; a majority of said directors shall form a board and be competent to fill vacancies in their board, make by laws and transact all business of the corporation; a new election shall be annually held for directors at such lime and place as the stock holders, at their first meet ing, shall determine, or as the by-laws of the corporation may require; and the directors chosen at any election Khali, so soon there after as may be convenient, choose one of their number to be President, and Khali each take an oath or affirmation faithfully to discharge his duties, and they shall from lime to time, make such dividends of the profits of aid company as they may think proper, Sec. 11. And I ft it enacted, That the said president and directors or their agent or agents authorized by. them, mav agree with the owner or owners of any land, earth, grav el, stone, timber, streams or materials or any improvements which may bo wanted for the proper construction or repair of any said roads or any of their works for the purchase and use ana occupation or diversion of the name, and if they cannot agree or if the owner or owners of £iy of them be an infant, feme r*rt , who is not possessed of the property her sole and separate use or authorized to contract in reference to the same, non com pos mentis or out of the county where uch democratic property wauled may lio, when such property i iimy be wanted, or tor other cause be legally I incapable of contracting, application may be I made by the said company to any Justice of I the Peace of such county., who shall there- ] upon issue his warrant, under his hand and i seal, to the sheriff of the county, requiring < him to summon a jury of twenty of the inhab- i ilants of said county, above the ago of twen ty-one years and qualified to act us jurors < under the laws of this Stale, not related to I the parties nor in any wise interested, to meet i on the lands or near the materials or other i property wanted, on u day named in said i warrant, not less then ten nor more than I twenty days after issuing the same, and if at I said time and place any of the said jurors < summoned do not Attend, the sheriff shall i immediately summon as many persons siiai- i larly qualified ns together with those in at- i tendance as shall make up twenty, and from 1 the panel each party f his, her, its or their i agent or attorney, or if either party be not i present in person or by agent or being pres ent in person or agent refuse to strike, the i sheriff for him, her, it or them may strike off i tour persons and the remaining twelve shall I act ns the jury of the inquest of damages, and 1 to each, before ho acts as such juror, the i sheriff shall administer an oath or affirmation I that he will justly and impartially value the i damages which the owner or owners will sus- ] tain by'the use and occupation of the proper- i ty required by the said company and the said | jury shall reduce their inquisition to writing t and sign and seal the same and it shall then i be returned by the sheriff to the Clerk of the i Circuit Court for his county and be filed by ( said Clerk in his office, and shall be confirm- t ed by said Court at its next term of session, I if no sufficient cause to the contrary be shown, i and when confirmed, shall bo recorded by ] said Clerk at the expense of tho company, t bat if the same beset aside the said Court ; shall direct another inquisition to be taken in ( the manner above described, and in case the t second or any other inquisition which is con- t firmed by the Court, shall not award to the i land owner u larger amount of damages than \ was awarded by the first inquisition, the Court i may, in its discretion, order tho costs of the ( said second or other inquisition, to be paid t by the owner or owners of said land or ma- t lerials condemned, and the inquisition shall i in all cases, describe the property taken or i tho bounds of the lands condemned, and the / quality or duration of the interest in the same i valued for the company, and such valuation, < when paid or tendered to tho owner or own- c ers of the property, his, her or their legal re- t presentatives, shall entitle the said company j to the estate and interest iu the same thus j valued as if it hud been legally conveyed by \ tho owner or owners of the same, and the c valuation, if not received when tendered, may t at any time thereafter be received without g costs from said company by the owner or ( owners, his, her or their legal representatives; i and the sheriff shall keep tho saiu jury together for a reasonable time until they shall agree i upon, and sign and seal the said inquisition, | and in case it shall so happen that the jury < cannot agree after being kept together as c aforesaid, the sheriff may, in his discretion, c discharge tho said jury and without any fur- i ther warrant from u Justice of the Peace c shall, within five days thereafter, summon c another jury of twenty inhabitants as afore- I said, not upon the former jury and the same i proceedings shall be had in all respects as is j hereinbefore provided, and in case of a sec- a ond or other disagreement of the jury tho t same proceedings shall be had until a verdict a or inquisition shall be made and returned as c aforesaid. Sec. 12. And be it enacted, That whenever i any railroad company heretofore incorporated i or which may hereafter be incorporated, shall # find it necessary for the purpose of avoiding 1 annoyance to public travel or dangerous or | difficult curves or grades or unsafe or nnsub- c slantial grounds or foundations or for other j reasonable causes, to change the location or t grade of any portion‘of their road, whether y heretofore made or hereafter to be mode, I such railroad companies shall be, and are 1 hereby authorized to make such changes of i grade and location, not departing from the j general route prescribed in the certificate of | such company ; and for the purpose of making t any such change in the location and grades | of any such road us aforesaid, such company t I shall have all the rights, powers and privil- ( 1 eges to enter upon and lake and appropriate \ ) such lands and make surveys necessary to t effect such changes and grades, upon the \ same terms and be subject to the same obli- 1 gallons, rules and regulations us are prescrib- t ed by law, and shall also be liable in damages, , I when any have been caused by such change, j to the owner or owners of the lands upon which such road was heretofore constructed, t |to be ascertained and paid or deposited as , | aforesaid, but no damages shall be allowed t ; unless claimed within thirty days after actual i ' notice of such intended change shall be given to such owner or owners if residing on the , j premises or sixty days notice by publication i m some newspaper in general circulation in t ; the county if non resident, provided, that ( when any condemnation shall have been made t i and confirmed under this or preceding sec | lions the said condemnation shall bo finally, I binding upon the company unless within thir ty days, they elect to abandon said location. See. 18. And be it enacted, That if it shall l*c necessary, in the location of any part of any railroad, to occupy any rood, street, al , ley or public way, or ground of any kind, or I any part therof, it shall be competent for the J municipal, or other corporation, or public officer, or public authorities, owning or hav j ing charge thereof, and the railroad company to agree upon the manner and upon the terms and conditions upon which the same may be j used, or occupied ; uml if said parties shall be unable to agree thereon, and it shall be j necessary in the judgment of the directors of I such railroad company, to use or occupy such j road, street, alley, or other public way, or ! ground, such company may appropriate so I much of the same us may be necessary, for '\ ; the purposes of such road, in the same man- < i ner uml upon the same terms us is provided I 1 fur tho appropriation of the property of iudi: < viduals by the eleventh section of this Act; provided that every railroad company laying { ! down any such track or tracks, upon any pub- j J lie street, road, alley or other public ground, , shall be responsible for injuries done to pri- j j vale property by such location, lying upon or ( ; near to such public ground which may be re- < covered by civil action brought by the owner ! 'or owners, at any time within two years from j ‘ the completion of such truck or tracks, before j ! the proper court and provided that no railroad J ' company shall be allowed to pass through the ( j City of Baltimore, without the consent of the municipal authorities. Sec. 14. Aud be it enacted, That such cor poration may demand and receive for the transportation of passengers on said road, not ] exceeding three cents per mile, and for the ( transportation of properly on said road, other ( than coals, ores or other minerals not exceed- , ing five cents per ton per mile, but that such ( corporation shall nut demand, or receive, for the transportation of coals, ores, or other j minerals, a rate exceeding one and a half ( cents per ton per mile. Sec. 16. Aud be it enacted, That such com- | pauy shall have power to borrow money ou ( the credit of the corporation, not exceeding | its authorized capital stuck, at a rate of inter- | est to be agreed upon by the respective par- | ties, and may execute bonds or promissory ’ notes therefor, iu sums of not less than one ■ hundred dollars, and to secure the payment , thereof, may pledge the property and income of such company. Sec. 10. And bo it enacted, That such com pany may acquire by purchase or gift of anv , lauds in the vicinity of said road or through . which the sumo may {mss, so far as may be deemed convenient, or necessary by said com pany to secure tho right of way, or such us may be granted to aid in the construction of such road, and the suqie to hold or convey, in such manner as the directors may prescribe, and all deeds and conveyances made by such company shall be be signed by the president under the seal of the corporation. Sec. 17. And be it enacted, That it shall be lawful for such corporation whenever it may be necessary iir the construction of such road to cross any road or stream of water to divert the same from its present location, or bed; but said corporation shall without un necessary delay, place such rood or stream in such condition us not to impair its former usefulness, and provided such corporation shall be liable for damage caused by such di version of any stream. Sec. 18. And be it enacted, That such cor poration shall us soon as convenient, after its organization establish a principal office at some point on (be line of iu road, and change the same at pleasure, giving public notice in some newspaper of such establishment, or change. Sec. 19. And be it enacted, That every company organized under this Act, shall be required to erect, at all poinU, where their road shall cross any public road, at a sufficient elevation from such public rood, to admit of tho free passage of vehicles of every kind, a .. ■.== WESTMINSTER, MD. SATURDAY, MAY 20,1876. sign with large and distinct letters placed j thereon, to give notice of the proximity of i the railroad and warn peraons of the necessi ty of looking out for the cars, and any com- ' pany neglecting or refusing to erect such sign shall be liable in damages for all injuries occurring to persons, or property froig each neglect or refusal. Sec. 20. And be it enacted, That each and every railroad company incorporated under this Act, shall annually, in the month of Jan uary, make a full report of the condition of its affairs to the Comptroller, showing the amount of the capital stock of such company, the gross amount of tolls, or receipts during the previous year, the cost of repairs and in cidental expenses, the net amount of profits, and the dividends made, with such other facts as may be necessary to a full statement of the affairs and condition of such road, and tho Comptroller shall present an abstract copy of such report to the General Assembly, at each session thereof. Sec. 21. And be it enactad, That whenev er the line of any railroad company, now ex isting or which may hereafter organize under this act, shall cross any canal, or any naviga ble water, the said company shall file with the Board of Public Works, the plan of the bridge and other fixtures fur crossing such canal or navigable water, designating tin* place of crossing : and if the said board shall approve of such plan, it shall notify such com pany, in writing of such approval, but if the said board, or acting comiiusoner shall dis approve such plan, or fail to approve the same within twenty days from the filing there of, then it shall be lawful for such company to apply to the Circuit Court, or any Judge thereof in vacation, and ujion reasonable notice being given to the members of the Board of Public Works, said Court or Judge shall, upon good cause shown, appoint a com petent, disinterested engineer, not a resident of any county through which said road passes, to examine such crossing, and to prescribe the plan and condition thereof, so as not to impede navigation ; and such engineer shall within twenty days from his appointment, make his return to the Circuit Court of the county where such crossing is to be made, subject to exception by either party, and thereupon the Court shall, at tho next term after the filing of said return, proceed to ex amine the same, and. unless good cause is shown, shall approve and confirm the same, and such order of confirmation shall be suffi cient authority for the erection, use and oc cupancy of such bridge, in accordance with such plan, provided, that no railroad com pany shall be authorized to construct any i permanent bridge over any canal of this State which shall be less than twelve feet in the i clear above the top water lines of said canal : and the piers and abutments of such bridge i shall be placed so as not in any manner to contract the width of the canal, or interfere i with free passage on the towing-path. Sec. 22. And be it enacted, That no rail i road company, heretofore or hereafter incor- i puruted under the laws of this State, shall enter into any agreement for the consilidation I of such railroad company, with any railroad i company, or aid any other railroad company < in the construction of its railroad, by means < of subscription to the capital stock of such j other railroad company, or otherwise, or shall I lease or purchase, all or any part of any rail- i road constructed by any other railroad com- < pany, without the authority of an Act of As sembly, authorizing it to enter into such i agreement, or to give such aid, or to make suck lease or purchase, being first had and t obtained. Sec. 28. And be it enacted, That every railroad company in tho State, shall cause all i its trains of ears tor passengers to entirely < stop upon each arrival at a station, advertised by such company as a station for receiving i passengers upon such trains, at least one-half ! of one minute ; and every company, and every i person in the employment of such company, < that shall violate, or cause, or permit to be violated, the provisions of this section, shall be liable to a forfeiture of not more than one i hundred, nor less than twenty dollars, to be recovered in an action of debt, upon the com- ' plaint of any person, before any Justice of the Peace, of the county in which such viola- < tion shall occur, and in all cases in which u i forfeiture shall occur under the provisions of this section, the company whose agents shall i cause, or permit such violation, shall be lia- ' ble for the amount of such forfeiture, and in all cases, the conductor upon such trains shall be held vrima facie , to have caused the vio lation of this section, which may occur upon i the train in his charge, said forfeiture to be i recovered in the name of tho State of Mary land, for the use of common schools. i Sec. 24. And be it enacted, That all Acts i and parts of Acts, inconsistent with the pro visions of this Act, are repealed to the extent i to which said Act, or parts of Acts, are thus 1 inconsistent. i Sec. 25. And be it enacted, That this Act shall take effect from the date of its passage. We hereby certify, that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the Janu ary session, 1870. AUGUSTUS GASS AW AY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk of the House of Delegates. Approved April 7, 1870. CHAPTER 262. Bills of Lading, Storage, Ac. AN ACT To promote the security of Commercial Transactions, by regulating the issue, nego tiability and transfer of bills of lading, storage receipts and like commercial in struments, by defining the rights of the holders thereof and by preventing and punishing improper dealings with the same or with the goods covered thereby. Sec. 1. Be it enacted by the General As- 1 sembly of Maryland, That the following Arli- 1 cle of eight Sections be and the same is ' hereby added to and made a part of the Code : of Public General Laws of the State, viz. 1. All bills of lading and all receipts vouch ers or acknowledgements whatsoever, in writ ing, in the nature, or stead of bills of lading, for goods, chattels or commodities of any kina, to be transported on land or water, or on both, which shall be executed in this State, or being executed elsewhere shall provide for the delivery of goods, chat tels or commodities of any kind within this State, and any warehouse, elevator, or stor age receipts whatsoever, for goods, chattels, or commodities of any kind, stored and de posited, or in said receipts stated or acknowl edged to be stored or deposited for any pur pose, in any warehouse, elevator, or other place of storage or deposit, in this State, shall be and they are hereby constituted amt declared to be negotiable instruments and securities unless it be provided iu express terms to the contrary on the face thereof in the same sense as bills of exchange and promissory notes and full and complete title to the property in said instruments mentioned or described and all rights and remedies inci dent to such title or arising under or deriva ble from the said instruments, shall enure to, and be vested in each and every bona fide holder thereof for value altogether unaffected by any rights or equities whatsoever of or between the original or any other prior hold ers of, or parties to the same, of which such bona fide holder for value shall not have had actual notice, at the time be became such. 2. Every instrument, of those mentioned and described in section one, which shall be issued by any person or corporation, or by any agent or officer of any person or corpora tion authorized to issue the same on his or its behalf, or authorized or permitted by such person or corporation to issue like instru ments on his or its behalf for goods, chattels, or commodities penally received for trans portation or held on storage, as tho case may be, shall be conclusive evidence in the hands of any bona fide holder for value of such in strument, who shall have become such without actual notice to the contrary, that all of the goods, chattels, and commodities in said in strument, mentioned or described, had been actually received by, and were actually iu the possession aud custody of such |>eron or corporation at the time of issuing the instru ment according to the tenor thereof and for the purposes and to the effects therein stipu lated or provided, notwithstanding that the fact may be otherwise, and that such agent or officer may have no authority to issue any such instrument, on behalf of his said princi pal, except for goods, chattels or commodi ties actually received and in the possession at the time of such issue. 8. Every acceptance of an order, and every other voucher whatsoever, for any goods, chattels, or commodities, as on stor age or deposit, whereby the custody or posses sion of such goods, chattels, or commodities shall be acknowleged or certified, by any warehouseman, wharfinger or other person or corporation within the State, and which ac ceptance or voucher shall not on iu face provide or stipulate in terms, that it shall not be ne gutiable, shall bo held ami taken, when issued to be anegotiable receipt audinstrument to all intents and effects, within the meaning and operation of this urtidb. 4. Any instrument me lured negotiable by this shall be held and taken to have been issued, within the meaning of this article when it shall have been signed, and shall have been delivered out of the custody of the per son or corporation to bo’ charged or bound by the same, or of hill or its agent or officer aforesaid. 5. No person or corporation, or agent, or officer of any person or corporation in this State, shall issue any bill of lading, receipt, acknowledgement, or voucher whatsoever, fur goods, chattels, or commodities of any kind to be transported on land or water, or on both, or any receipt, acceptance of an order or other voucher for goods, chattels or commodities, as on storage or deposit in this State, until, and unless the whole of the said goods, chattels, and commodities, shall have been actually received to be transported by sueu person or corporation, in one case, or shall be actually in the possession or custody, or upon the premises, or under the absolute and exclusive control of such person or cor poration in the other case, at the time when such instrument shall be issued, and any principal person or corporation, or any agent, or officer whatsoever, of any person or cor poration, willfully violating the provisions, orauy provisions of this section, shall be guilty of a misdemeanor and on conviction thereof shall be subject to a tine of not less than one thousand, nor more than five thous and dollars in the discretion of the Court. 0. No warehouseman or corporation or person whatsoever having issued or caused to he issued, or having outstanding, and issued by any agent or officer of auchpefAon or cor poration as aforesaid, any receipt, acceptance of order or other voucher for goods, chattels or commodities os on deposit or storage, with or in the custody or on the premises or under the control of such person or corporation, shall issue any other receipt, acceptance of order, or other voucher whatsoever, for the same or any part thereof, until the said first issued instrument shall have been returned and cancelled, or destroyed, and no such person or corporation whatsoever having is sued, or having outstanding as aforesaid any such receipt, acceptance of order or other voucher aforesaid, and no agent or officer of any such person or corporation, shall part with, deliver or remove, or permit to be de livered or removed, the goods, chattels, or commodities, in such instrument, named or de scribed, or any part thereof except only to or by the holders of said instrument, or upon his order, and upon the presentation of said in strument with his endorsement in every case, or without cancelling or destroying said instru ment, in case of complete delivery or removal or endorsing thereon the quantity and de scription of ttie goods, chattels, or commodi ties, delivered or removed, and the names of the persons to whom delivered or by whom re moved, in case such delivery or removal shall be partial only, and any principal, person, or corporation, or agent, or officer, of any person or corporation, willfully violating this section or any of the provisions thereof, shall be guilty of a misdemeanor, punishable by a tine of not less than one thousand, nor more than five thousand dollars, in the case of a corporation, ajid in the case of an individual by a tine of not less than one hundred, nor more than five thousand dollars, and imprisonment in the Penitentiary for a period of not less than one year, nor more than three years, in the discretion of the Court. Provided, how ever that nothing herein contained shall be construed to prohibit the bona fide issuing of duplicate receipts, acceptances, or other vouchers aforesaid, with the word “duplicate*’ conspicuously written or printed upon the face thereof, in the stead of any original out standing receipts, acceptances, or other vouch ers aforesaid, which may have been lost, des troyed or mislaid. 7. No person having any claim, right or action whatever, under this article, or other wise upon or under any instrument, declar ed negotiable thereby, or by reason of the issu ing, negotiation, or holding ofsaid instrument, or the doing of any matter or thing, by this article forbidden or made punishable, shall be in any way hindered or precluded from asserting or maintaining the same, by or be cause of any prohibitor or punitive provision in this article contained. 8. Any and all parts of the Public General Laws, or the Public Local Isuws, of the Stale conflicting with any of the provisions of this article, are hereby repealed. Sec. 2. And be it enacted, That this Act shall go into effect immediately from and after its passage. We hereby certify that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the Janu ary session, 1870. AUGUSTUS GASS A WAY, Secretary of the Seriate. MILTON Y. KIDD, Chief Clerk of the House of Delegates. Approved April 7, 1870. CHAPTER 169. Wild Fowl. AN ACT To repeal sections six, eight and twenty-one, of the acts of January session eighteen hundred and seventy-two, chanter filly-four entitled “an Act to exempt all that portion of the waters of the Chesapeake Ray lying northward of a certain line therein describ ed, from the operation and effects of sec tions one and three of article ninety-eight of the code of Public General Laws title “Wild Fowl” and to enact other sections to be in force and operation in on and over said waters’’ and to re-enact tbo same with amendments. Sec. 1. Be it enacted by the General As sembly of Maryland, That sections six, eight and twenty-one of the act of January session, eighteen hundred and seventy-two, chapter fifty-four entitled “an act to exempt all that portion of the waters of the Chesapeake Bay lying northward of u certain line therein de scribed, from the operation and effects of sections one and three of article nigety-eight of the code of Public General Laws title “Wild Fowl” and to enact other sections to be in force and operation in on and over said waters” be repealed and re-enact so as to read as follows: Sec 0. That no person shall gun for or after wild water fowl, or shoot at or kill the same, northward of the line named and described in the first section of this act, but three days in each week until the first day of January during the season for shooting wild fowl as fixed by the second section of this act, and those days prior to the first day of January shall be Monday^Wednesday and Friday and on and after the first day of January shall be Monday, Wednesday, Friday and Saturday until the end of the season for shooting wild fowl as aforesaid, and each of said days shall comprehend the time intervening between one hour before sunrise A. M.. and half an hour after sunset P. M. of each day and no more, and is not to include any part or period of a night, and any person on conviction of a violation of this section, shall be fined not less than fifty dollars, and not more than one hundred dollars. Sec. 8. That the Clerk of the Circuit Court for Harford county, and the Clerk of the Circuit Court for Cecil county, shall upon the application of any resident of the State of Maryland being the owner of any sink box, craft or sneak boat, such as is allowed by this Act to be used and employed in shooting at wild water fowl therefrom and giving satisfac tory evidence to said clerk that thte said ap plicant is a resident of the SMfeto of Maryland, and is the boua fide owner of the sink box, craft or sneak boat, grant a license under the seal of his court to such applicaut to gun after and shoot at wild water fowl from such sink box or sneak boat northward of tbo line nam ed and described in first section of this act, from the first of November in each and every year, to the thirty-first day of March next, succeeding, thereafter \'n each and every year, provided, that such Hfritise shall not authorise any person using such sink box or sneak boat to gun after or shoot at wild water fowl therefrom, within a less distance than half a mile of any shore in Harford or Cecil county, or southward of the line particularly described in the first section of this Act. Bec. 21. That no person bolding a lincense to gun for or after wild water fowl shall du ring the gunning season as fixed by this act, be allowed to anchor or otherwise make station ary any sink box, sneak boat or any other vessel or craft ou the waters lying northward of the line named in section one of this act on any Tuesday. Thursday, Saturday or Sun day prior to the first day ef January of said Sunning season and on and after the said first ay of January, on any Tuesday, Thursday or Sunday nor until the hour of four o’clock A. M. on the rooming of the day next suc ceeding each of said days above specified, and no person holding a license as above describ ed and engaged in gunning for wild water fowl shall go on or over said waters with sink box, sneak boat or other vessel or craft before the hour of three o’clock A. M., on the morn ing of the day next succeeding each of said day* as above specified and any person viola ting this section shall be fined not less than twenty-five nor more than fifty dollars, to be recovered before a Justice of the Peace as debts of like amount are recoverable, one half thereof to be paid to the officer making the arrest, and the other half to those assist ing in making the arrest. Sec. 2. And be it enacted, That this Act shall take effect and be in operation from the date of its passage. We hereby certify that the aforegoing is a true and perfect copy of an Act passed the General Assembly of Maryland, at the Janu ary session, 1876. AUGUSTUS OABSAWAY, Secretary of the Senate. # MILTON Y. KIDD, Chief Clerk of the House of Delegates. Approved March 80, 1870. CHAPTER 849. CORPORATIONS. AN ACT To repeal sub-section three of section thirty seven, and section ninety-three of chanter four hundred and seventy ouc, of the Acts passed bv the General Assembly of Mary land at the January session, eighteen hun dred and sixty-eight, entitled an Act to repeal Article twenty-six of the Code of Public General laws, and to enact a sub stitute therefor and to repeal section twenty two of Article sixteen, sections ninety-nine to one hundred and three of the same Arti cle, and sections thirty-three to forty-three of Article eighty eight of the Code of Pub lic General Laws, and to re-enact the same with amendments. Section 1. He it enacted bv the General Assembly of Maryland, That sub-section three of section thirty-seven, chapter four hundred , and seventy-one of the acts passed by the General Assembly of Maryland, at January . session, eighteen hundred and sixty-eight, entitled an act to repeal article twenty-six of the Code of Public General Laws, and to \ enact a substitute therefor, and to repeal sec tion twenty-two of article sixteen, sections , ninety-nine to one hundred and three of the same article, and sections thirty-three to : fortv-three of article eighty-eight of the Code , of Public General Laws, be and the same is hereby repealed, and the following enacted in lieu thereof, so as to read os follows : 3. The object or purposes for which incor poration is sought, the time of its existence , not to exceed forty years, and the articles, , conditions and provisions under which the , incorporation is formed, provided that the limitation as to the duration of existence of i corporations formed under this act, shall not apply to Gas Light Companies. , Sec. 2. And be it enacted, That section ninety-three of chapter four hundred and sev enty-one, of the acts passed by the General Assembly of Maryland at January session, , eighteen hundred and sixty-eight, entitled an act to repeal article twenty-six of the Code of Public General I>aws, and to enact a sub stitute therefor, and to repeal section twenty two of article sixteen, sections ninety-nine to one hundred and three of the same article, and sections thirty-three to forty-three of article of the Code of Public General Laws be and the same is hereby re pealed and re-enacted so as to read as follows. 93. That any Gas Light corporation formed under this act, shall have full power to man ufacture and sell, and to furnisn such quanti ties of gas as may be required in any city, town or county ot this State, in which, or ad joining which the same may be located for lighting the streets, wards, and public and private buildings, and for other purposes; and such corporation is hereby authorized and empowered to lay conductors or pipes for the transmission of gas in any city, town or county under the streets, squares, lanes, alleys and roads thereof, paved or unpaved, and connect the same with any manufactory, public or private building, lamp or other structure or object, and with the place of supply, subject however to any law or ordinance that may be passed by the municipal authorities of the city or town, or the County Commissioners having jurisdiction for the filling up and re paving any street, square, lane or alley, or i road under which the said uipes may be laid. Sec. 3. And be it enacteu, That all acts of i Assembly, and iiarts of acts of Assembly in ' conflict with this act be and the same are hereby repealed. Sec. 4. And be it enacted, That this Act ' shall take effect from the date of its passage. We hereby certify, that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the Jan uary session, 1876. AUGUSTUS GASBAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk of the House of Delegates. Approved April 7, 1876. CHAPTER 824. Grimes and Fnniahmenta. AN ACT To add additional sections to the Code of Puclic General Laws, Article thirty, title Crimes and Punishments, providing for the punishment of abduction of children. Section 1. Be if enacted by the General . Assembly ot Maryland, That any person or persons who shall for the purposes of pros titution forcibly abduct from her home or usual place of abode, or from the custody and control of her parent or parents, or guar dian, any female under the age of eighteen years or be accessory thereto, or who shall for said purposes persuade, entince from the usual place of abode, or from the custody and control of her parent or parents, or guardian, . any such female, or be accessory thereto, or shall knowingly secrete or harbor any inch , female so abducted, persuaded or enticed as aforesaid, against the consent of her parent or parents, or guardian, or the person or per sons who may have the temporary care, cus tody or control of such female ! or ba acces sory thereto, shall upon canviction be deemed guilty of a misdemeanor and shall undergo imprisonment in the Penitentiary, in the dis cretion of the Court, not exceeding a term of eight years. Sec. 2. And be it enacted, ""That any per son or persons, who shall without the color of right forcibly abduct, take or carry away any child under the age of twelve years, from the home or usual place of abode of such child, or from the custody aud control of the parent or parents or lawful guardian or guar dians of such child, or be accessory thereto, or who shall without such color of right, ana against the consent of the parent or parents, or lawful guardian or guardians of such child, persuade or entice from the usual place of abode or house of such child, or from the custody and control of the parent or parents, ' or guardian or guardians ot such child, or be I accessory thereto, or shall knowingly secrete or harbor suck child or be accessory thereto, I with the intent to deprive such parent or pa rents, guardian or guardians or any person 1 who may be in lawful possession ot such child, of the custody, care and control of inch child, shall be guilty of a misdemeanor and I upon conviction shall suffer imprisonment in . the Penitentiary for a term not exceeding twenty years, in the discretion of the Court. 1 Sec. 8. And be it enacted, That this Act * shall take effect from the date of its passage. 1 We hereby certify that the aforegoing is a | true and perfect copy of an act passed the General Assembly of Maryland at the Janu ary session, 1876. AUGUSUB GABSAWAY, | Secretary of the Senate. MILTON Y. KIDD, , Chief Clerk House of Delegates. Approved April 8, 1876. CHAPTER 198. | BOUNDARY LINE. AN ACT i Supplementary to an Act to designate *he ar bitrators to ascertain and fix the boundary 1 between the States of Virginia and Mary- 1 land, approved April the eleventh, eighteen 1 hundred and seventy-four. Whkrkas, By an act of the General As sembly of Maryland, passed at the January session, eighteen hundred and seventy-four, chapter two hundred and forty-seven, entitled an act to designate the arbitrators to ascer tain and fix the boundary between the States of Virginia and Maryland, it was provided that the settlement and determination of the true line of boundary between the States of Virginia and Maryland, be referred to the Honorable Jeremiah 8. Black of Pennsylva nia, and the Honorable William A. Graham of North Carolina, and a third person to be selected by them, and they did select accor- . dmgly as a third person, the Honorable Chas. \ A. Jenkins, of Georgia, but the said William t A. Graham, hai since departed this life; now ( for vacancy thereby created and for carrying out the purposes of the said act, therefore, Section 1. Be it enacted by the General Assembly of Maryland, with the concurrence of the State of Virginia, That the said Hon orable Jeremiah S. Black, aud the Honors hie James B. Beck, of Kentucky, and the said Honorable Charles A. Jenkins, do pro ceed to ascertain and determine a true line of boundary between the States of Virginia and Maryland, aud to make and deliver their award in writing, any two of them concurring therein. Each State shall have the right to be represented by counsel before the arbitra tors under such regulations as they may pre scribe, and the State of Maryland hereby pledges its faith to accept and abide by the award of the said arbitrators in the premises, as final and conclusive; provided however, that neither of the said States, nor the citi zens thereof, shall by the decision of the said arbitrators, be deprived of any of the rights and privileges enumerated and set forth in the compact between them, entered Into, in the year seventeen hundred and eighty-five, but that the same shall remain to, and be en joyed by said States, and the citizens thereof forever; and provided further, that the laud holders on either side of the line of boundary between the said Slates, as the same may be ascertained and determined by the said award, shall in no manner be disturbed thereby, in their title to, and possession of their lands, as they may he at the date of said award, but shall in any case, bold and possess the same as if their said titles and possession had been derived under the laws of the State in which, by the fixing of the said line by the terms of the said award, they may be ascertained to be. Sec. 2. And be it enacted, That until the final adjustment and settlement of the said line of boundary, the temporary line across the Chesapeak Bay, known as the Davidson line, shall be faithfully observed by the citizens of the said two States. Sec. 8. And be it enacted, That if, in the recess of the Legislature a vacancy shall occur by reason of the death, resignation or refusal to act, of any of the persons herein appointed to settle and determine the said line of boundary as aforesaid, a tit person or persons shall he appointed bv the concurrent action of the Governor of Maryland and the Governor of Virginia, or of tlae Legislature of the latter State, as the case may be, who with those already appointed and who may act in the premises, shall exercise the powers and perform the duties defined aud imposed in the first section of this Act. Sec. 4. And be it enacted, That the Gov ernor is hereby requested to forward a copy of this act to the Governor of Virginia, with a request that he present the same to the General Assembly of that State, aud that he communicate to the Honorable James B. Beck, his appointment under this act and request his acceptance of the same. Sec. 6. And be it enacted, That this Act shall take effect from the date of its giasHage. We hereby certify that the aforegoing is a true and perfect copy of an act {tossed the General Asaembly of Maryland, at the Janu ary session, 1874. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 8, 1876. CHAPTER 269. Insurance Companies. AN ACT To repeal section twenty-nine of the Act of eighteen hundred and sixty-eight, chanter four hundred and seventy-one, entitled an Act to repeal Article twenty-six of the Code of Public General Isawg, and to enact a sub stitute therefor : and to repeal section twen ty-two of Article sixteen, sections ninety nine to one hundred and three of the same Article, and sections thirty-three to forty three of Article eighty-eight of the Code of Public General Laws, and re-enact the same so as to read as follows: and to repeal sec tion seventeen of the same Article and to re-enact the same with amendments. Sec. 1. Be it enacted by the General As sembly of Maryland, That section twentv-ninc or the Act of eighteen hundred and sixty eight, chapter four huundred and seventy one, entitled an Act to repeal Article twenty six of the Code of Public General I.aws, and to enact a substitute therefor, and to repeal section twenty-two of Article sixteen, sec tions ninety-nine to one hundred and three of the same Article, and sections thirty-three to forty-three of Article eighty-eight of the Code of Public General Laws, be and the same is hereby repealed and re-enacted to read os follows : and that section seventeen of the same Article be, and the same is hereby re pealed, amended, and re-enacted so that said section shall read as follows. Sec. 17, Class 4. For the formation of fire, life, marine, accident, cattle, live stock, and other insurance companies, and all compan ies for receiving, weighing, sheltering, feed ing. and exposing for sale cattle, sheep, and hogs, provided that such companies shall have their principal office in this Stole, and provided the yards and scales of every com pany for receiving, weighing, sheltering, feed mg, and exposing for sale cattle, sheep, and hogs, shall be located either within the City of Baltimore, or within a distance of not more than six miles from the limits thereof, and provided farther that all such cattle, sheep, and hogs, shall be weighed by or under the supervision of the Stale weighmaster, as now provided for by law, such weighing to be done at the yards and scales of such com pany. Sec. 29, Class 16. For the formation of savings institutions, trust companies and guarantee companies. Sec. 2. And be it enacted. That this Act shall take effect from the date of its passage. We hereby certify, that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the Jan uary session, 1876. AUGUSTUS GASSAWAY, Secretory of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 4, 1876. CHAPTER 384. Landlord and Tenant. AN ACT To repeal and re-enact chapter two hundred and seventy-nine of the Acta passed Janua ry aeaaion, eighteen hundred and seventy, entitled “an Act to amend the Act of As aembly of eighteen hundred nnd sixty eight, chapter two hundred nnd ninety-two, add ing an additional auction to Article fifty-one of the Code of public General l.awa, under the title of Landlord nnd Tenant, by re pealing the same and re-enacting the game as follows; Section 1. Be it enacted by the General Aacembly ot Maryland, That the Act of As sembly of 1868, chapter 292, adding an addi tional section to Article fifty-one of the Code of Public General Laws entitled Landlord and Tenant, be, and the aame is hereby repealed and re-enacted as fallows: 22. In all cases of renting lands wherein a share of the growing crop or crops shall be reserved as rent or wherein advices by the landlord have been made upon Ike faith of the crop* to be grown, said rent reserved and such advances made shall boa lien on such crop or crops which shall not be diverted by any tale made thereof by the tenant or by any administrator of a deceased tenant or by the assignment of the tenant in insolvency, or by the process of law issued against the tenant, provided, that at the time of the aaid renting the contract under and by which the said ad vances are to be made shall be reduced to writing duly attested and executed by the said landlord and tenant. . Sec. 2. And be it enacted. That the pro visions of this Act shall only apply to the counties of St. Mary's, Prince George’s, Chsrlet and Calvert. Sec. 3. And be it enacted. That this Act shall lake effect from the date of its passage. We hereby certify that the aforegoing is a true and perfect copy of an Act passed the General Assembly of Maryland, at the Jan uary session, 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 8, 1876. CHAPTER 2881 Beal Estate Broker. AN ACT To add a sub-section to be known as sub-sec tion two, to section ton of Article fifty-six, of the Coda of Public General Laws. Section 1. Be it enacted by the General Assembly of Maryland, That then be added to section ten, of Article fifty-eix, of the Code of Public. General Laws, to bo numbered sub section two, to as to read as follows: Sub-section 2. Any peason who shall ohr to act us rqal us talc broker, by advertisement, sign or otherwise, shall be required to take 1 out a real estate broker’s license as required by sub section one, of sectiou ten of this At tide, before he shall so act or advertise. Sec. 2. And be it enacted, That this Act shall take effect from the date of its passage. Wo hereby certify, that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the January session, 1876. AUGUSTUS GABSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 8, 1876. CHAPTER 198. APPEALS. AN ACT. To repeal sections forty-eight and forty-nine of Article five of the Code of Public Gen eral I raws of Maryland, entitled “Appeals" and to re-enact the same wifh amend ments. Sec. i. Re it enacted, by the General As sembly of Maryland, That sections forty eight and forty-nine of Article five of the Code of Public General Laws of Maryland, entitled “Appeals," be and the same are hereby repealed and re-enacted as follows : 48. And be it farther enacted, That any person feeling himself aggrieved by any de cision or order of the County Commissioners, may appeal to the Circuit Court for the county, at any time within sixty days after the time of making such decision or order, and upon such appeal being taken, the Clerk of the County Commissioners, shall immedi ately transmit a copy of the proceeding to i said Circuit Court. 49. Aad be it further enacted, That upon such apneal either party shall have a right to a trial by jury and the said Circuit Court shall be authorised to ratify, reject, alter, or amend the proceedings before the County Commissioners, and in said Court, so as to bring the merits of the case fairly to trial.— And the said Court is hereby further author ized to pass such judgment in the case os the County Cummisssuners ought to have i passed, includiug costa ; and such judgment shall be final, and may l>e enforced by due process of law. Sec. 2. And be it enacted, That this Act shall take effect from the date of its approval, by the Governor. We hereby certify that the aforegoing is u true and perfect copy of an act passed the General Assembly of Maryland, at the Jan uary session, 1876. AUGUSTUS GASSAWAY. Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved March 28, 1876. CHAPTER 848. To Protect the Rights of Parties to Suita at Law. AN ACT To protect the rights of parties to suits at ' law upon negotiable instruments, where from any cause, the same cannot be pro duced and surrendered. 1 Sec. 1. Re it enacted by the General As- I seinbly of Maryland, That no party, other- I wise entitled to sue and recover, in any suit : I at law upon or under any promissory note, bill of exchange, bill of lading, warehouse, or storage receipt or other negotiable instru r meat, shall be precluded from so recovering by reason of his inability from any casue, to produce such instrument in evidence at the trial, or surrender the same to the defendant: l\ovxdtd always, that the absence of such instrument shall be sufficiently accounted for, under the ordinary rules of evidence, to al low the introduction of secondary proof of the contents thereof, at the trial, and that no judgment thereupon shall be entered for the plaintiff in such suit, until a good and sufficient bond shall have been first hied therein by the plaintiff, or on his behalf, in such penalty and with such surety or sureties as the court shall approve, conditioned to hold and keep the defendant harmless, upon satisfaction of the judgment by him, to the same effect and intent as if said missing instrument were then and there produced and surrendered to him, and the costs in all such cases shall be adjudged by the court, in its discretion as may be equitable. Sec. 2. And be it further enacted, That this act shall take effect immediately from and after its passage. \V e hereby certify that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland at the Jan uary session, 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 7, 1876. CHAPTER 87. Anniversary of American Independence. AN ACT To provide for the proper representation of the State of Maryland at the celebration of the one hundredth Anniversary of Ameri can Independence. Section I. Re it enacted by ie General Assembly of Man-land, That the sum of fif teen thousand dollars, or so much thereof as i may be necessary, be, and the same is hereby ' appropriated for the purpose of defraying the expenses incident to the representation of the manufacturers, the product* of the soil and mines of the State, and its progress at the International Exhibition to be held in the city of Philadelphia, in the State of Pennsyl : vania, in the present year. Sec. 2. And be it enacted, That the said sum so appropriated shall be disbuned by, and under the direction of John U. B. La trobe and Samuel M. Shoemaker, or their successors, Commissioners on the Commis sion authorized and contributed under and by virtue of an Act of Congress of the United States to provide for celebrating the one hun dredth Anniversary of American Indepen dence, and that said Commissioners, or tneir successors, are hereby authorized and em powered to expend the said sura of money, or to much thereof as may lie necessary, for the purposes aforesaid, in their discretion, and the Comptroller is hereby directed to draw warrants upon the Treasurer for such sums as said Commissioners may require, not ex ceeding the amount herein appropriated, and the Treasurer be, and is hereby directed ta pay the same. Sec. 8. And be it enacted, That this Act i shall take effect from the date of its approval by the Governor. We hereby certify, that the aforegoing is a true and parted cony of an act passed the General Assembly of Maryland, at the Jenu arv session, 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk of the House of Delegates. Approved March 28, 1876. CHAPTER 867. CORPORATIONS. AN ACT To add an additional section to the Code of Public General Laws, article twenty-six title Corporations, to enable municipal Cor porations to pay judgments recovered, against them in any courts of law in this State. Section 1. Be it enacted by the General Assembly of Maryland, That an additional subsection be added to article twenty-six of the Code of Public General Laws section nine, title “Corporations" to read as follows. Sec.. 9. Sub section 1. Any municipal corporation in this State against which there is a Judgment in any court of law in this State shall have power to levy a sum of money upon the assessable property of such munici pality sufficient to pay such judgments. Sec. 2. And be it enacted, That this act shall take effect from the date of its passage. We hereby certify that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland at the Jan uary session. 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. Approved April 8, 1876. CAUAPTKR mu. OYBTEES. AN ACT JJxM To repeal .nil re-enact nenl section. of ebantar oue hundred ami eighty-one. of the Act. rawed ■ .1 the Junior teuton of eiahlKu hundred uni I seventy-four, which Act replied ankle seventy- I Code of Public General Law. talc of Maryland, That iecth*..’three and five ofchajitr h hcreb h f “^c^^JS2S >o as to read u follow. I VOL. XI.-NO 28. Itoc. 3, And be II Charted, That the owner of mid, boat Khali make oath before the Comptroller or bla clerk or before the clerk of the Circuit Court of the eonnly 111 which be .hall reside, or If he retidea In the City of Baltimore, helhre Ihe clerk of Um court of (unityin Hidcltj that he Ik the tono ju< ’ •* boat, re be (.escribed In the Ween*, that he has been a resident of the Mate for the time before mentioned, that there le no lien Ml wthl boot held by a non wddeiit that the Hid boat 1. not held •*S,“ Intent!on to violate the previsions of this article, such applicant dial! produce before the ' '"'drel et or the Hid clerk at the time of .uch ap plication the (.UHtom House eu roll men t or license of •uch boat and If such boat is underCutom? SSZ tonnage, the owner shall swear as to her Umnam the master of such boat shall make oath before the’ Comptroller or clerk aforesaid, that he has been o resident of the Htate of Maryland, for twelve mouths next, preceding the time of taking such oath, and In all cases where suwi oath Khali be administered by the clerk of the Circuit Court or the clerk of the 1’3 U ? Common Pleas as aforesaid, such clerk so administering such oath shall certify the same fully In accordance with the provisions of this article under seal, to the Comptroller and shall deliver ■uch certificate to the owner or master, so aindviiur for which certificate the said clerk shall be entltftd to rocieve a fee of fifty cents In each case. Hec. 6. And be it enacted. That any person who Khali violate any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor and on conviction thereof; in any court, in this Bute having criminal Jurisdiction, shall Ik- sentenced to the Jail of the county, where the case is tried, for a term not exceeding six month*, or fine not exceed ing two hundred dollars or both in the discretion of the court; provided, however, that nothing In this or the preceding sections shall I** construed to apply to the sailors or crew on a vessel licensed as aforesaid, provided further, that If the captain or commander of the boat shall not be on board at the tine of vlo iating the 41 w. the person having charge of the boat sball be held to answer the charge, and provided further, that nothing in this section shall be con strued to apply to cases now pending, for the viola tion of the oyster laws. rtde. 2. And be it ena4-ted, That this act shall take effect from the date of itspossage. We hereby certify that the aforegoing Ik a true and perfect copy of an act passed the General Assembly of Maryland at the January session, 1876. AUGUSTUS GABHAWAY- Secrefary of the Senate. MILTON Y. KIDD, i . yWSlOterkßonHofDolegmtoi Approved April 8,1876. CHAPTER W. LIMITATION or ACTIONS. AN ACT To repeal the seventh section of the Ally seventh Article of the Code of Public Gen oral Laws of this stab*, title “Limitation of Actions*’ and to re-enact the same with amendments. Bec. I. Be it enacted by the General Assembly of Maryland. That section seven of article fifty-seven of the Lode ot Public General Laws, title ‘’Limitation of Actions'’ be and the same is hereby repealed and re-enacted, so that the same shall read a* follows: u.“.'\ be^T era,, 7 P ersol m ®> dl< ’ Indebted, and his interest In real estate may be liable to be pro ceeded against for the payment of his debts by rea son of tiie insuflicieucy of his personal estate the Alteration of this Article both at law and In equity shall be suspended in relation to the heirs and de visees of auch debtor for the period of eighteen months from the death of such decedent, and where any debts of such person so dying indebted have, been or may be paid by his executor, or administra tor, and the real estate of such decedent is proceeded agaiiu.t for the payment ot his debt*, the operation of this Article both at law and in equity shall be suspended in relation to the heirs and devisees of such deceased debtor, as to the claims so paid until the lapse of eighteen months after the filing of said bill. Sec. 2. And be It enacted. That this Act shall take effort from the date of its passage. We hereby certify that tue aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the January semion, 1876. AUGUSTUS GASHAWAY. Secretary of the Senate. MILTON Y. KIDD, Chief Clerk House of Delegates. I Approved March 9, 1876. CHAPTER 822. CORPORATIONS. AN ACT To add an additional section to be numbered two hundred ami twenty, to Article twenty-six of the Code of Public General Laws, entitled Corpora tions. as re-enacted by an Act iHissed at the Jan uary Hewion, eighteen hundred and sixty-eight, chapter four hundred and seventy-one. Section I. Be it enacted by the General Assembly of Maryland, That the follow ing be and the same in hereby enacted as an additional section, to lie num bered two hundred aiurtwenty. to Article twenty lx of the Code of Public General Laws, entitled Corporations, as re-enacted by an Act passed at the January session, eighteen hundred and sixty-eight, chapter four hundred and seventy-one. to wit : 2®. Nothing In this Article contained shall be so construed a* to bring within any supposed exemp tion from taxation, State, county, or municipal, in the charter of any company desiring to take advan togc of any of the provisions in this Article contain ed. W property, real, personal, or mixed, owned under or by virtue of any of the provisions of this Article, or any stock preferred or otherwise, or any bonds or other evidence of debt, issued under or by virtue of any of the provisions of this Article. Hoc. 2. And be it enacted, That this Act shall take effect from the dote of its passage. We hereby certify that the aforegoing is & true and perfect copy of an Act passed the General Assembly of Maryland, at the January session, 1876. AUGUSTUS GAMS AW’AY, Heeretary of the Henate. MILTON Y. KIDD, Chief clerk House o! Delegates. Approved April 8, 1876. CHAPTER 280. For the Protection of Young Fish. AN ACT To repeal section one, of chapter three hundred and eighty-eight, of the Acts of eighteen hundred and seventy-four, entitled ‘an Act for the protection of young flsh In the waters of Elk River and North East River aad their tributaries, within the limits of Cecil county, and to re-enact the same with amendments. Section L Be it enacted by the General Assembly of Maryland, That section one of chapter three hun dred and eighty-eight, of the Acts of eighteen hun dred and seventy-four, entitled an Act, for the pro tection of young flsh in the Waters of Elk River and Northeast River and their tributaries, within the limits of Cecil county.be and same la hereby re pealed and re-enacted to read as follows: 1. No person or persons shall flsh at any time In the waters of Elk River and Nmaheast River and their tributaries lying and beingMrlthln the limits of Cecil county, with any hauling .setn of any de scription, the meshes of which are of a less measure than what is generally known, as “inch and a quar ter meah, provided, however, that tills section shall not apply to any established fishing shore on said waters, fishing for herring and shad. from.the fif teenth day of March to the tenth day of Jtiuo of each ) Sec. 2. And be It enacted, That this Act shall take effect from the dale of its passage. We hereby certity, that the aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the January session, 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON Y. KIDD. • hlef Clerk House of Delegates. Approved April 8,1876. CHAPTER 167. Sinking Fund. AN ACT To amend the fourth article of the Code of Public bocal Laws, by adding another section thereto, in relation to Investments on account of the sinking fund. Section L Be it enacted by the General Assembly of Maryland. That whenever the Commissioners of Finance, of the city of Baltimore, shall be authorised by the Mayor and City Council of Baltimore, to in vest moneys belonging to the sinking ftmd of said city in annuities or ground rents reserved out of the lands leased to the Mayor and City Council of Balti more. ami payable by the said corporation, the said Commissioners may purchase such rants or annuities and the reversions of such lands, and the conveyan ces thereof taken, may be made to the Mayor and City Council of Baltimore, in trust for the benefltand purposes of the said sinking fund, and In rry such cse. such conveyance shall not work a mergee Of the lease or term, but, until otherwise provided by law. the rent or rents shall continue to be payable by the Mayor and city Council of Baltimore, as If such purchase had not been made, but shall be re ceived and applied by the Commissioners of nuance, a* the Income of oilier investments of the sinking tund may be applied. Bc. 2. And be It enacted, That this acfshall take effort from the date of its passage. We hereby certify that tne aforegoing is a true and perfect copy of an act passed the General Assembly of Maryland, at the January session, 1876. AUGUSTUS GASSAWAY, Secretary of the Senate. MILTON YTItIBD, Chief Clerk House of Delegate*. Approved March 27,1876. CHAPTER 295. TESTAMENTARY LAW. _ , AN ACT Torepealsectlon one hundred and thirty .six. of ar ticle ninety-three of the Code of Public General Laws entiUed Testamentary Law” sub-title “Dis tribution*’ and to re-enact the same. Heoction 1. Be It enacted by the General Assembly of Maryland, That the one hundred and thirty-sixth section of article ninety-three of the Code of Public General Laws, entitled “Testamentary Law" snb title ’JWstrlbuilon" be, and the sameui hereby re '“d KMiiHcled no sale read as loll mnV 136. If there be no widow or relations of the in tea- JlHcl, for the tuc of tho Public Schools of Hid Bra- i And Irallmocyi.TVt abort .trail ule (‘fleet from Uio dole of lb DIMM, • hereby certify thatifieaforegoliig l.a tmoand iwrfecl copy of an art pawed tho General Araomhly of Maryland at the January session, 1876. ! AUOUBTOB liAHBAWAY, Heeretary of tbs Herald. M _ . MILTON' Y KIDD. * Chi of Cirri. Howe of Delegated. Approved April 8, I*7. CHAPTER AM. Foe the Protection of BUck Bui tend *ll otkor Fuh. AM ACT . ..ca,' To repeal and re-enact aa amended eertion ili, of chapter Kevenly-nlne. of the Acta msirnl at tho January aetalan eighteen hundred and aerenlr fonr, entitled an Art Her the protection of mack Baas, and all other Mi. In the Palana, rivet above tide-water. V.

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