davidaulloa/AmericanStories huggingface dataset:
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHATTER 3l6.
DISTRIBUTION.

AN ACT
10 repeal Section one hundred and thirty
seven of article ninety-three, of the Code
of Public General Laws, title Testamentary
Law, subtitle Distribution, and re-enact
the same to read as follows;
Section !. he Il enacted BY the General
Assembly of Maryland, That section one
hundred and thirty seven, of article ninety
three, of the Code Of Public General Laws.
title TestamentarY Law, subtitle Distribu.
ton, be repealed and is hereby re.enated so
to read as follows:
Section 1877. If any legal representative
shall appear, after payment has been made, I'M
der the preceding section, the Board of County
School Commissioners RECEIVING such paw
ment, shall pay the same to such representa-
tive, but no collateral more remote than
brothers and sisters children shall claim
under this section.
SECTION ,. And be it enacted, That this act
shall take effect from the date of its massage
FETTER S. H0BLITZELL,
Speaker of the House of Delegates,
EDWARD LLOYD,
President of the Senate.
Approved April ), 1878.
JOHN LEE CARROLL.
Governor of Maryland.
We hereby certify that the aforegoiug is a
correct copy OF an act passed the General
Assembly of Maryland, ut the January ses-
sion 1878.
AUGUSTUS GAssAwAY,
Secretary Of the Senate.
MnToy Y. KIDD,
Chief Clerk House of Delegates
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 102.
ACCOUNTS OF COLLECTORS.

NhARIEk lV-.
ACCOUNTS OF COLLECTORS.
AN ACT
To authorize the Comptroller Of the Treas
ury to adjust and settle the accounts
due by collectors, sherifs, clerks of
courts, register of wills, and other re-
ceivers of public moneys, in cases
where the indebtedness accrued prior
to and including the year eighteen hun
bred and seventy five,
Section l.. Be it enacted by the Gener-
al Assembly of Maryland, That the
Comptroller Of the Treasury be, and he
is hereby, authorized and empowered, to
adjust and settle the claims of the State
against all collectors, sheriffs, clerks of
courts and registers of wills, and other
collectors or receivers of public moneys,
and their securities, in all cases where said
claims accrued prior to and including the
year eighteen hundred and seventy-five,
aud whether said claims be now 10 the
form of judgments or otherwise, and for
the purpose Of closing all such cases, the
Comptroller is hereby fully authorized to
compromise the same by abating the in
terest that has accrued, or any portion
thereof, or any part of the principal debt,
Iq his discretion, so as to best subserve
the interest of the State, and shall grant
discharges to the said parties aud their
securities upon the payment into the treas
ury of the amount required By him to be
paid in the settlement, as aforesaid, pro-
Uided, horeuer, that the Governor and
Treasurer, for the time being, shall each
approve in writing of any such abatement
befoFe the same shall be effective; and,
provided, further, that no discharge or ac-
quittance under this Act shall be effective
unless the party or parties to be benefited by
the same shall first pay the States Attorney,
who shall have the case in hand, the legal
fees, and all fees of clerks or sheriffs.
Sec. 2. And be it enacted, That this
Act shall take effect from the date of its
passage.
EDWARD LLOYD,
President of the Senate.
PEPTER S. HQBLITZELL,
Speaker of the House of Delegates.
Approved March 20, 1878.
JOHN LEE CARROLL,
Governor of Maryland
We hereby certify that the aforegoing is
correct copy Of an act Of assembly
passed at January session, 1878.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk of the House of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHATTER 1s2.
-hAfTEh To-.
BOUND4RY LINE.
AN ACT

AN ALL
To authorize the appointment of Commission
ers 10 adjust and settle the boundary line
between West Virginia and Maryland.
WHEREAS by the Act of eighteen hundred and
iitV-tWo, chapter two hundred and seventy.
1--we, the Governor Of Maryland was EN-
powered to correspond with the Governor
OF Virginia, with view to locate, run and
mark the line between said States, begin.
ming at Fairfax Stone, and running due
north to the Pennsylvania line, for reasons
set forth in the preamble to said act of
eighteen hundred and fifty-two; and.
" hereds, Commissioners were appointed
by the Governors of Virginia and MARYLAND.
for said purpose; and,
Whereas, said Commissioners did meet AT
The place ofbBginning, namely: Fairfax Stone,
ip September; eighteen hundred and fifty
eight, and with lieutenant Miohler, of the
United States Corps of Engineers, proceeded
to locate, run aud mark said line between the
places of beginning Fairfax Stone and the
Pennsylvania line, and make report to their
respective States, in eighteen hundred and
sixty, and also delivered to their respective
States field books, plates and Typographical
charts OF The same, for the purpose of ratify-
ing and establishing the line between said
States, and.
Whereas, the war between the States prs.
vented any further action under said Commits.
sioners; and as a further result, caused the
organization of the State of West Virginia:
and,
WheTeds, there are now strong reasons for
the ratification and permanent settlement OF
said line between Maryland aud West Vir-
ginia, therefore,
Section l. BE il enacted by tho General
Assembly of Maryland, That the Governor
be, and he is hereby requested to open cor.
respondenee with the Governor of West Vir-
gina, with view to the establishment and
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER IT3.
NOTARIES PUBLIC.
AN ACT

AN ACT
Iorepeal section p, of article IS. oftbe Code
OF Public General Laws, title Fees Of OFF,
GERS, subtitle "Notaries PubIie,m and To
re-enact the same with amendments. and
to legalize acts of Comptrollers Leonard
and Mooltord, so far as they appertain TO
Notaries Public of the city of Baltimore.
Section /. Be it enacted by the General
Assembly of Maryland, That section twenty
hive, of article thirty eight of the Code of
Public General Laws, title Fees of OF
GERS, subtitle 'Notaries Public,'i be and
the same Is hereby repealed and re-enacted.
so as TO read as follows:
Section %. The three last preceding sec.
lions shall not apply to Notaries in any ofthe
counties unless the fees on protests in any
one year shall exceed the sum of three HIM
bred and fifty dollars, nor to Notaries in the
city OF Baltimore unless the fees on protests
IN any one year shall exceed the sum of five
hundred dollars; and whenever the fees. rs
aforesaid, shall exceed in any of the counties
the sum of three hundred and iifty dollars.
or shall exceed in the city of BaItim ore the
sum of five hundred dollars-one. half of the
surplus shall be paid to the treasurer Of the
State.
Sec 2 Aud be it enacted, That the acts of
Comptrollers Leonard and Woolford in al
lowing the Notarles Public of the city of Bal
umore to retain five hundred dollars per an
mum before accounting for the one-haIf the
tees to the State, under their construction of
the act of 1868, not repeating the act of 1864,
so far as It appeT.ained TO Notaries Public Of
fled
Sec. 8. And be it enacted, That this Act
shall take effect from the date of its passage
FETTER S. II 0BLITZEL.L,
Speaker of the House Of Delegates.
EDWARD LLOYD,
President of the Senate.
Approved March 9th, 1878.
JOHN LEE CARROLL.
Governor of Maryland.
We hereby certify that the aforegoing Is n
correct copy Of an act of assembly passed
at the January session, 1878.
MILTOS Y. KInD,
Chief Clerk of the House of Delegates.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11

ratihcatlon OF the line between the States Of
west virginia and Maryland, as run. marked
ana located by the Commissioners annointed
under the act of eighteen hundred and ffty-
two, chapter two hundred and seventy. Eve:
ana IN case the Legislature of West Virginia
snail pass an act providing for the appoint
ment OF commissioner or commissioners. tn
act IN conjunction with a Commissioned or
commissioners on the part Of the State Of
Mary land, IN the premises, then and in such
case the Governor be, and he is hereby au-
tnorized and required TO appoint commits.
sloher OF commissioners, who, together with
,he commissioner or commissioners, who may
De appointed on the part of West Virginia.
who shall review said line beginning az FAR,
tax Stone, and running due north to the Penn
syiyanla line, as surveyed, traced and marked
by Lieutenant Michler.
Sec. 2. And be it further enacted. That II
shall be the duty of the commissioner or com.
mIssioners appointed by this act, after passing
over said line to make report setting forth
their reasons for the ratification. settlement
and hnal acceptance of the line between said
States and it shall be the duty of the com
missioner or commissioners ofeaeh resnective
State to forward copies of their Joint report.
TO each OF their respective legislatures. and
upon the ratification of such report by the
State OF west virginia and the State of Mary
land, through their respective legislatures.
and the Congress of the United States. the
said boundary line shall be fixed and estab-
iished so as TO remain for ever.
Sec. 9. And be it further enacted. Tbattbe
sum of five hundred dollars be, and the same
IS hereby appropriated out of any money in
the Treasury not otherwise appropriated. for
the purpose of defraying the expenses of the
commissioner or commissioners. hereafter
appointed to carry into effect the provisions
OF this act.
See. 4. And be it enacted that this act shall
take effect from and after the date of its pas.
sage.
FETTER S. HOBLITZELL.
Speaker of the House of Delegates.
EDWARD LLOYD,
President of the Senate.
Approved April 9Th, 1878.
JOHN LEE CARROLL.
Governor of Maryland.
We hereby certify that the aforegoing is a cor.
rect copy of an act passed at january SEES
sion, eighteen hundred and seventy-eigat
AUGUSTUS GAssAwAY.
Secretary Of the Senate.
MILTON Y. KIDD,
Chief Clerk House Of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 453.
Boundary Line.

AN ACT
Providing for copying and distributing the
maps accompanying the award of Commits
sloners to settle the boundary line between
the States of Maryland and Virginia, filed
the nineteenth day of January, eighteen
hundred and seventy-seven.
Section l. Be it enacted by the General
Assembly of Maryland, That the Commits
sioner of the Land Office be, and he is hereby
authorized and directed to have made, under
his hand and seal, and under the hand and
seal of the Governor of MARYLAND. thirty con
les OF the map accompanying the award Of
Commissioners to settle the boundary line
between the States of Maryland aud Virginia,
MED the nineteenth day of January, eighteen
hundred and seyenty-seven, prouided the cost
OF ne same shall not exceed the sum of one
hundred and fifty dollars.
Sec. ?. And be it enacted, That one copy
shall be sent TO the Clerk oft Circuit Court
for each of the counties of the State, and Bal.
umore city, one copy to the Maryland Histor-
zeal Society, one copy to the Peabody Iusti-
tute, one copy to the Johns Hopkins Univer-
sity, and one copy TO the Library of Congress,
and that the Comptroller of the State be, and
lie IS hereby authorized to issue, upon the
certificate OF the Commissioner of the Land
Otheei his warrant upon the Treasurer for
the sum of one hundred and fifty dollars.
See. 3. And be it enacted, That this Act
shall take effect from the date its passage.
FETTER S. H0BLIZELL.
Speaker of the House of Delegates.
EDWARD LLOYD,
President of the Senate.
Approved March %, 1878.
JOHN LEE CARROLL.
Governor of Maryland
We hereby certify that the aforegoing is a
correct copy Of an act passed at January ses-
sion, eighteen hundred and seventy weight.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MIToX Y. KIDD,
Chief Clerk House of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 40.
APPEALS.

AN ACT
To add an additional section to Article
five, of the Code of Public General
Laws, entitled "Appeals."
Section l. Be it enacted by the Gen
eral Assembly of Maryland, That the fol-
lowing additional section shall be added to
Article FIVE of the Code of Public General
Laws, entitled appeals"
Sec. 2 And be it enacted, That when
ever any writ of error or appeal shall be
brought upon any Judgment, or any indict-
ment, information, presentment, inquisi-
ton, or conviction in any criminal case,
and the Court of Appeals shall reverse the
judgment for error in the Judgment, or
sentence itself, it shall be the duty of the
Court of Appeals to remit the record to
the court below, in order that such court
may pronounce the proper Judgment upon
such indictment, information, presentment,
inquisition or convictions; provided, how
ever, that it shall be the duty of the court
in passing any sentence under the provi-
sions of this section, to deduct from the
term of sentence the time already served
by the prisoner under the previous sen :
tence from the date Of his conviction.
Sec. B. And be it enacted, That this
act shall take effect from the date of its
passage.
EDWARD LLOYD,
President of the Senate.
FETTER S. HOBLITZELL,
Speaker of the House of Delegates.
approved February 2lst, 1873.
JOHN LEE CARROLL,
Governor Of Maryland
We hereby certify that the aforegoing is
correct copy of an act passed the Gen.
eral Assembly of Maryland at the jan
uary session, 1873,
AUGUSTUS GAssAwAY,
Secretary of the Senate
MILTON Y. KIDD,
Chief Clerk House of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 264.
CRIMES AND PUNISHMENT.
AN ACT

AN ACT
10 add an additional section to Article thir-
ty, of the Code of Public General Laws
entitled 'sCrimes and Panishments - nh
title "Embezzling Property and Writings
to provide for the punishment of embezziing
property and writings.
Section l. Be It enacted by the General
Assembly Of Maryland, That the following
section be added to article thirty, of the Code
OF Public General Laws, entitled "Crimes
and Punishments, subtitle HEmbezzlinq
Property and Writings to be read as a part
OF the sections of said subtitle next after
section forty-nine of said article. and TO be
called sub section A.
Subsection A. Ii any person or persons
employed in the management or navigation
oil any vessel, on any river, canal, bay or 9TH
er waters within this State exclusively, in any
capacity whatever shall fraudnlently sell, give
away, pledge, or IN any manner dispose Of
the cargo thereof, or any article of eommodi-
ty thereon, without the consent of the owner
or owners thereof, or, il havings0ld the same,
or any part thereof, with such consent,
shall fraudulently neglect or refuse to pay
over to such owner or owners thereof the
consideration received therefor. shall be deem
ed guilty Of a misdemeanOr, and on conviction
thereof, in any court of this state having
criminal jurisdiction, shall be punished by a
fine of not less than one thousand nor more
than three thousand dollars, or by imprison-
ment in the county Jail of the county IN which
such conviction is had, or the State Peniten-
tiary, for term of not more than FIVE years.
OF by both fine aud Imprisonment, at the dis.
erection Of the court.
Sec. =. And be it enacted, That this act
shall take effect from the date of its passage
FETTER S. H0BLITZELI.
Speaker of the House of Delegates.
EDWARD LLOYD,
President Of the Senate.
Approved this fifth day of April, 1878,
JOHN LEE CARROLL,
Governor of Maryland.
We hereby certify that the aioregoing is a
correct copy OF an act passed the General
Assembly of Maryland, at the January ses-
sion, 1873.
AUGUSTUS GAssAwAY,
Secretary OF the Senate.
MTLToS Y KIDD,
Chief Clerk House of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11

baltimore city, and Lydia Smith. of Hartford
county, chapter three hundred and Gfty.one
entitled an act for the benefit of Emeline
Redue, widow of Joseph Redue. Solomon
Scott and John Y. Soloway. and chapter four
hundred and fifteen, entitled an act TO author.
re the Comptroller TO audit and settle the
claims for pension of Elizabeth Z. Shanks
and Mary Cullember, of St. Mary's county
and the act of eighteen hundred and seventy.
six, chapter three hundred and twenty. emit
tied an act granting TO certain soldiers and
widows of soldiers of the War of eighteen
hundred and twelve, pension OF eighty dol
lars per annum, to be paid in quarterly n.
stalments, be, and the same are hereby re-.
pealed.
EDWARD LLOYD,
President of the Senate
FETTER S. HOBLITZELT.
Speaker of the House of DELEGATES
Approved April list, 1878.
JOHN LEE CARROLL.
Governor Of Maryland.
We hereby certify hat the aforeeoing i n
correct copy Of an act passed at the Janp-
airy session, eighteen hundred and seventy.
eight.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk House Of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHATTER AS.
Clerks Of Courts.
AN ACT

CteFhS or Courts.
AN ACT
To repeal and re-enact section five of article
eighteen, of the Code of Public General
Laws, entitled "Clerks of Courts as re-
enacted by an Act passed at January ses-
sion, eighteen hundred and sixty.five chap
ter FIVE.
Section l. Be it enacted by the General
Assembly of Maryland, That section five OF
article eighteen, of the Code of Public Gen.
eral Laws, entitled "Clerks of Courts" as
re-enacted at the January session of the Gen
eral Assembly of Maryland, eighteen hun
bred and sixty-hve, be and the same is hereby
repealed and re-enacted with amendments,
to read as follows:
Sec. .. Be 1t enacted by the General As
sembly of Maryland, That the clerk of the
courts of this State may issue an execution
on Judgment, or decree, at any time after the
rendition thereof, directed to the sheriff OF
another county, whether return of nisLa
bona to a writ Of execution issued to the sher-
I'D OF the county or city wherein the said
Judgment or decree was rendered, has been
made or not, which writ of execution issued
and directed to the sheriff of another county.
shall be made returnable to the Circuit Court
of the county to which it may be sent. and il
sent to the city of Baltimore, returnable to
the Superior court of said city, and there shall
be sent Herewith by the clerk issuing the
same, to the clerk Of the court to which said
writ shall be returnable, copy of the docket
entries IN the case upon which the court
may proceed on said execution, by renewal
or otherwise, IN the same manner rs If said
execution had issued on a Judgment or de-
cree rendered IN said court, and on attach
ments on judgment or DEGREES, shall be re-
garded as an execution, the meaning ofthis sec.
ton; prorided, RereTtheleSs, that no execution
or attachment on Judgment shall be issued
and directed to another county, if there has
been no return of nulla bona. until the Main.
tiff or plaintiffs, or his or their attorney OF
record, shall make and file with the clerks
issuing the same, an affidavit that he or they
are unable to discover in the county or city
where the judgment or decree has been OBJ
tanned, property from which the same can be
realizedi and proUided, further, that no
Judgment or decree shall be lien upon real
estate situated IN another county ffon that
wherein the said Judgment or decree was OBJ
tanned, or in the city of Baltimore, except
from the date of the entry of the copy of the
docket entries by the clerk of the Court to
which the said writ shall be returuable.
Sec. 2. And be it enacted. That this Act
shall take effect from the date of its passage.
FETTER S. H0BLITZELL.
Speaker of the House OF Delegates.
EDWARD LLOYD,
President of the Senate.
Approved April 5th, 1878.
JOHN LEE CARROLL,
Governor of Maryland.
We hereby certify that the aforegoing is cor
rect copy OF an act passed at the General
Assembly of Maryland, at the January ses-
sion, 1878.
MIITON Y. KIDD,
Chief Clerk of the House of Delegates.
AUGUSTUS GAssAwAY,
Secretary of the Senate.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER 343.
To Establish House of Refuge.

CHAffEh ot1.
To Establish House of Refuge.
AN ACT
10 repeal Section one, of an Act passed at
the January Session Of eighteen hundred
and fifty-three, of the General Assembly of
Maryland, entitled an Act to amend an Act
entitled an Act to establish House of Re
fuge for Juvenile Delinquents, and supple
ments thereto, so as to reduce the number
of managers thereof, and to re.enact the
same with amendments, so as to read as
follows:
Section /. Be it enacted by the General AS
sembly of Maryland, That section one, of the
act passed at the January session of eighteen
hundred and ffty-three, of the General As
sembly of Maryland, entitled an act to amend
an act entitled an act TO establish House of
Refuge for Juvenile Delinquents, and supple
ments thereto. so as to reduce the number of
managers thereof, be and is hereby repealed
and re-enacted with amendments, so rs to
read as follows:
Section l. And be it enacted, That the
number of managers of the House of Refuge
shall be fifteen, instead oftwenty- four, as now
prescribed by law, and of whom five shall be
appointed by the Governor, by and with the
consent ofthe Senate; FIVE shall be elected by
the members Of the association, and five shall
be appointed by the Mayor and City Council
of Baltimore, in the manner, and at the times
prescribed in the act Of the General A ssembly
Of Maryland, passed at December session,
eighteen hundred aud thirty, chapter sixty,
four, entitled an act to establish . House of
Refuge for Juvenile Delinquents, seven of
which said managers shall constitute quorum
for the transaction Of business.
Section >. And be itenacted, That ihis Act
shall take effect from the date Of its passage
EDWARD LLOYD,
President of the Senate
FETTER S. HOBLITZELL,
Speaker of the House Of Delegates.
Approved April l, 1878.
JOHN LEE CARROLL.
Governor of Maryland.
We hereby certify, that the afo-egoing is a
correct copy Of an ACT passed the General
Assembly of Maryland, at the January Ses
sion, 1878.
AUGUSTUS GASSAWAi,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk House of Delegates.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHATTER 270.
LICENSES,

AN ACT
To add an additional section to article City
six, of tho Code of Public General Laws.
title ''l.ioenses," subtitle BROKERS'"
Section l. Be it enacted by the General
Assembly of Maryland, That an additional
SUBJ section be added to section seventeen.
article fifty-six, of the Code OF Public Gen
eral Laws, title Licenses, subtitle ''Brok-
ers, to read as follows:
Sec. Il. Sub-sec. ,. If any individual. co.
partnership. or firm, shall use or exercise the
business or occupation OF merchandise bro.
ker, without having procured n license, aS To.
quired by law he shall be subject to "a penalty
Of five huRdred dollars for each offence, one.
half thereof for the use of the State and the
other half TO the iniormer.
Sec. =. Aud be il enacted, That this Act
shall take effect from the date of its passage
FETTER ). HOBIITZELL.
Speaker of the House of Delegates.
EDWARD LLOYD,
President Of the Senate.
Approved April ), 1878.
JOHN LEE CARROLL,
Governor Of Maryland.
We hereby certify that the aforegoing n cor
rect copy Of an Act passed ut the General
Assembly of Maryland, at the January SEES
sion, 1878.
MJITqx Y. KIM.
Chief Clark Of the House of Delegates.
AUGUSTUS GAssAwAY,
Secretary Of the Senate.