The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-11

to find the said presentmens and the said Court shah
give TINS Act IN charge each and every Grand jury
which shall be in session at the time any election held
IN SAID CITY, next thereafter any failure so to do
and any neglect the part of said Judge or states AZ
torney to perform duty by this section imposed on
them respectively, shall be- and the same are hereby de-
cared 70 De acts OF criminal misbehaviour in Office
part of said Judge or District Attorney respectively
SEC II And be 1t enacted That any Judge of Election
who shall wilfuly neglect, shall when called on viii
w decline refuse to exercise the powers conferred on
him by this Act for preserving peace on election days
and securing the tranquility and freedom of elections
ana the safety and uninterrupted of the voters to
the shall be liable for every such offence to
penalty of Five Hundred Dollars recoverable by
clyil action, by said Board of Police in the name
or the state. And any and every Judge of Election
who shall wilfully snd knowingly refuse legal vote
when offered, or receive illegal vote or combine
or consPre with any person or whatsoever to
violate the provisions Of this any other act or of the
constitution OF the State touching elections shall be
gullty ola mlsdemeanor, and be subject to imprison
ment for not less than six months each and every
such offence upon indictment therefor in
court OF competent Jurisdiction well penalty
OF one Thousand Dollars, 70 be recoverable in civil ac
ton by said Board of Police the name of the State
SEC 10. and be 1t enacted, That if any person
sha prevent or hinder attempt conspire with any
ner person or persons to prevent hinder any voter
from exercising his right of suffrage in the CITY of Ba
more bythreat, intimidation violence or apv other mn
lawful means whether before during election time or
shall detan or mprison person persons with tbe
view or intent of causing procuring forcing such per
son or persons to vote Illegally against his or their
WILL under compusion in any precinct in said civ
uch person so offending and every person who shall be
guilty of wifully voting Offering to vote Illegally or
causing or procuring any other nerson IN rota oSai
in any precinct ofthe said city, shall on conviction there
Of be adudged guilty of felony sentenced to not
the pententiary. And it shall be deemed illegal within
the meaning of this Act or offer to vote in more
an one precinct or more than in any precinct
any election; without being constuonaIIy or legally
qualified in violation of the Constitution or of this or
any other Act And all acts made punishable under ex-
lstng laws in relation to elections when committed
within or with reference to any wards of the Cy
of Baltimore election district districts general
ly are hereby declared to be Illegal when committed
within or in reference any election precinct or pre
cincts aforesaid And any two persons who
in f,a
sembe conspre combine together for the purpose of
driving any voter or vot from the polls or preventing
or oostructns or beating injuring intmidatiug any
voter voters in comug returning from the polIs
or who shall assault wound otherwise matreat
or lnure or shall offer to mareat nure or shall by
menace, or violence, otherwise nmidate oyerawe or
CONTROL or attempt to ntmate overawe or contra any
voter while at the polls going returning from the
same ana any person or persons who shall wilfuy de-
stroy or mutiate or attempt to destroy muate any
ballots that may have been deposited any ballot box or
any DoX 1or eJeced ballots in said city,
returns clerks book tally list poll book list of voters or
certhcate OF election, or who shall steal destroy or
attempt to steal destroy any box or boxes aforemen
toned or withdraw attempt to withdraw thererom H.
legally, any ballot or ballots which may have been de-
posted theren or attempt commit violence against
any person persons having lawful charge of the same
or against any Judge Clerk of Election in the dis,
charge of his duty, such; or who shall forcblv
resist the execution of any lawful order of any Judge
or Judges of Election under the provisions of this
returns of any election being made up forciby re-
sls any policeman peace officer the discharge of
his duty about the polls or under this Act mr. sb,
forciby resist any private citizen acting lawfully under
the lawful order of any Judge of Election given in con-
formty with this or any other act for the purpose of Sc
curing the and freedom of any election in said citv
or snail seZ take steal, mutate destroy the natu
raization papers certificate written evidence of
naturazaon of any naturazed voter attempt so to
do either at the polls while the said voter shall
be proceeding thereto, returning herefrom shall be
deemed guilty of felony, and be sentenced upon conyic
on thereof to confinement in the pentenary for noIess
than three nor more than six years
SEC IL And be it enacted That in case the said Board
OF Ohce sa nave reason to believe that in the neigh
oorhood of any ell ection polls the said city or else
where within any election precinct of the same there
ammunition intended to be for the burmese of in
mldating or injurng voters, interfering with the
freedom ana peace OF any election then pending ap
preaching it shall be the duty the said Board to annI
to the Criminal Court Justice of the Peace Of
said city Tor warrant, on proper oath affirmation
search the said premises, and the said Court or Justice
shall issue the same, without delay and shall cause the
SAID arms, weapons and ammunition if found to be
seized and delivered to said Board to be detained until
the day after said election and until the shall be
disposed of by Law.
SEC. Is. And be 1t enacted, That nothing herein con.
tanned shall be construed to deprive the said Board Po
lice any police powers or relieve them from anv ohao
tons imposed upon them by the Act of the present
son. entitled An Act to establish and main tain Perma
enforce the powers and duties thereof" but that said
Board may either out the orders said Judges of
Elecuon or themselves take command and control il they
deem necessary of the persons and officers and assume
the conduct of the measures which may be REQUIRED to
promote the purposes of this Act and the security
Sec. l6 1nd be Il enacted, That all elections to
take place hereafter in the City of Baltimore
OF be made in conformity with existing laws. except
in so far as the same may be modified by Act and
from and after the time when this Act shall taken
effect, election to be held in the City of Baltimore
whether Federal State Municipal. shall be valid uu Il
less held under and in conformity with provisions of
this Act and under and subject the provisions the
Act entitled AN Act to establish and maintain Perma
neHt foce 10 the CITY OF Baltimore and to define and
enforce the powers and duties thereof passed pre-
sent session Of the General Assembly of MARYLAND and
under ana subject to the control and command, ali
police purposes of the Board Of Police by said last
toned Act conferred.
SEC. II. And be 1t enacted, That no election to be
held under this Act and which shall be otherwise valid
shall be held invalid because any failure of the said
Board of Police the said Judges make advertise
ments herelnbeore required because disuualf
cation or want Of qualification of any Judge or Judges
of Election any member Of said Board provided how
ever that any wllul failure or neglect of said Board
the said Judges to make the said advertisements or of the
said Board to appoint properly qualified Judges whether
IN the stead OF any so disqualified otherwise
held and taken to be msdemeanor and shall be punisha
BILE by fine in the discretion of the Court on conviction
thereof in Court of competent jurisdiction.
SEC. IS And be 1t enacted That this Act shall take
effect from and Immediately after its passage
AN ACT TO ESTABLISH AND MAINTAIN A PER
MANENT ,AG H POLICE POLICE IN THE CITY OF BALTIMORE,
AND DUTIES THEREOF
SECTION / Be it enacted by the General Assembly of
Aaryand That there shall be and hereby established
within and for the city of Baltimore a Board of Police
to be called the Board of Police city of Baltimore
to consist of -Four Commissioners, is hereinafter pro-
vided together with the Mayor of said city for the time
being or whosoever may be lawfully acting in that
capacity. The said Commissioners shall be citizens of
the United States and shall have been residents said
city for the period of twelve months preceding their
appointment. They shall, except hereinafter specified
hold their offices for four years and shall receive each
salary SZOOo payable quarterly Before entering
the duties of their said office the said Commissioners and
the said Mayor shall and subscribe before Judge
of the Superior Court of Baltimore city, or the Clerk
thereof the oath affirmation prescribed by the 4h sec
ton Of tho first article of the Constitution and shall also
take and subscribe before the same Judge Clerk the
further oath affirmation that in every appoint
ment or removal to be by them made to from the
Police force created and organized bv them under
this Act they will in and pretext ap-
point or remove any policeman, or officer of police
other person under them, for the political
opinions Of such policeman. officer other person
any other cause than the fitness or untness Of
such person. in the best judgment of the said
Commissioners for the place which he appoint
ed or from which he shall be removed the said oaths
or airmatlons shall be recorded and preserved among
the Records of said Court One Of their own number
shall from time to time be appointed by said Commission
Treasurer of the Board of Police his appoint
ment, when made, shall be certified Clerk of the
Superior Court of Baltimore city the seal of said
Board. The said Treasurer shall hold his office for such
term as may be designated by the Commissioners who
may remove him at pleasure, and shall be entitled to ad
dtona compensation at the rate of $500 per annum for
acting in that capacity Before he
of his Office of Treasurer, he shall give
of Maryland with sureties in the penalty
Fifty Thousand Dollars conditioned for the faithful dis
charge of his duties Treasurer of the Board of
Police and for the faithful application and payment over
pursuant the directions of said Board of all
moneys which may to his hands Treasurer
The bond of the Treasurer shall be approved by Judge
the Court of Baltimore be
recorded by the Clerk of said Court the office thereof
together with the certificate of his appointment aoe
quorum and the failure refusal the Mayor or Acting
Mayor OF the city of Baltimore qualify or act hereun
der snail in no wise impair the right duty OF said
Commissioners to organize and proceed prov
ded. In vacancy shall happen among the Commits
soners during the of the Legislature it shall
hlled by the remaining Commissioners majority of
them, the appointment made till the ap
pointment and qualification OF person for said
cancy, which appointment shall be made by the General
Assembly joint ballot, the regular session of
the Legislature; and the General Assembly shall also in
like manner, appoint Commissioners succeed those
whose terms OF service shall expire such appon
be made at the session of the Legislature
cedng such expiration. Any of said
who during his term of office, shall accept any other
place of public trust emoument, who, during the
same period shall receive any nomination for Office
elective by the people. without publicly declining the
within twenty days succeeding said nomination,
shall be deemed to have thereby vacated his office For
official misconduct, any of the said Commissioners may
be removed by of the Houses IF the
General Assembly.
SEC. 2. And be IL enacted, That be and they are
hereby appointed the first Commissioners this Act
and so they shall have been qualified by taking
and subscribing the oaths airmations hereinbefore
mentioned, they shall divide themselves two equal
classes, to be determined by lot and shall
drawn of the fist class shal from the
appointment until the end of years
10th day of March, 1860 and the who shall be drawn
of the second class shall from time of their ap
pOntment until the end of four years and after the
10th day of March, 1850 When the division
herein prescribed shall have taken place notice thereof
shall at be given to the Governor by the Commits.
soners in writing, to be filed in the State department.
SEC And be ii enacted That the duties Board
Police hereby created shall be follows They shall at
all times of the day and night within the boundaries of
the city of Batmore-as well on water land-pre-
the public peace prevent crime and arrest offend
er protect the rights of person and property guard the