Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1911-06-02

is hereby repealed aud certain new
sections added viz So B. 5s c. and
IS d."
1t is claimed that section 5s A.
was repealed aud not rs-enactsd be-
cause II does not appear as ~re-enact-
cd" in this paragraph Of section |
although the End. paragraph Of sec
ton l CONTAINS Section 5s A, in full
Laws in Maryland are frequently
enacted without regard to sections
and it has been held that that part Of
section 20 Of Article 3 which pro-
vi'les that laws shall be enacted 10
Articles and Sections Is directory
and not mandatory-County Com
missioners Of Dorchester County VI
Meekins so Md. 2s; also that the par
OF said section making it the duty o.
the General Assembly to enact pub
lie general Ia vs. in articles aud sec.
tons like the Code looks 10 con.
venience in adapting them to ratifi'
cation, and a compliance with thi'
provision is not essential to the
validity Of the Law Hardesty VI
State 23 Md. 512.
The title Of the act is clear and
shows that the legislature intended
TO repeal and re-enact section So A
of Article Q Of the Local Code. While
the enacting section repeats Section
SO A. in terms, it does not re-enaci
in any words but i practically re-
enacts 4 by adding new sections and
then says so as to read as follows
and then insert Sections IS A. Sec.
tim IS u. and 5s q both refer tc
Section IS A. a- having been re-
enacted. tbs words, aso as to read,
in the enacting clause, followed by
section 5S A itw5sld seem certainl,
re-enacts il.
In the case of Sti4fel W Nd. Inst.
81 Md. 144, the title OF the Statute
was San act to repeal an act passed
to-, the first section repealed thv
previous act, like the case before u,
and the second section enacted new
legislation. Ii was held tina. the ia,
Of the Statute providing new legisla.
ton was void because the title dis
closed nothing but the repeal Of v
former act. The distinction between
that case and the one before ns i,
that the title there Disclosed nothing
but the repeal while in this case the
title i IAN act 10 repeal and re-enacl
with amendments Section So A etc
The trend Of the dec'sions of tn,
Court Of Appeals OF Nd, upon tn,
lconstructipn Of Section 20 of Artici,
8 is that its provisions are intended
to be directory rather than manda
tory. The ast of 1910 is not in con
fiict With this section Of the Consti
tuition and 5 ction So A. was re
enacted in the form set out in III,
2nd. paragraph Of section l.
The second objection is that tb'
act contravenes that part OF Section
| SO of article 8 Of the Constitution
which provides that the general As
sembly shall pass no special law fol
any case for which provision has
been made by an existing Genera
Law. The answer to this is tina
Chapter Is Of the Acts of 1910 ia no
a special law but Public Local Law
THE distinct n between Public Loca
Laws and the Special Laws is clearly
laid down by Judge Thomas in re-
cent case in ll3 Md. page II.
Prince Georges Co. vs. B. q o. X
r. in which he says Local Law,
"apply TO all persons within the
territorial limits presc ribed BY the
Act" while a special law applies &c
particular persons or things Of !
class. 1t can surely not be intended
by the Constitution that no Local
Law can be passed relating to sub
jet because there is general la on
the same subject when the session
laws are filled with Local Acts on
subjects upon which there are also
General lave. There is an article il,
| tuo SOue " uDfiC 1enSfdl LAWS
under the title Of County Commits
sioners where there are certain pro-
visions relating to the whole state, ami
yet nearly every county has its Local
Laws pertaining to the duties Of
these Offices some OF which are in ac-
cord ard some in conflict with the
General Laws.
1t is commended that certain pro-
visions Of the Public General Laws
not inconsistent with the act mention
ed are in full force in Charles Count,
aud that uncertainty and confusion
besides great hsrdships upon owners
Of dogs will follow any attempt to
enforce the provisions Of the General
Law, but it will be seen that provi.
sions Of the General Law, session 81
Of article 81 and section Of article
25 Of the Code relating t, dogs, i