SECRETARY OF STATE. 19 To keep seal for authenticating copies; | 21. To preserve reports of clerks of qualificanot to give copies of records, etc., with out governor's approbation. 20. To record civil commissions. tion of officers. 22. To report to comptroller list of qualified MESSENGER, KEEPER OF PUBLIC BUILDINGS, WATCHMEN, ETC. 24. Governor authorized to appoint a messen- 26. Watchmen: their duties, etc. GOVERNOR. the Art. 42, s. 1. the 1. The great seal of the State of Maryland shall be in custody of the secretary of state, but under the control of governor, who is authorized and required to use the same when proper in all intercourse between this State and the United States, the States and Territories thereof, and foreign states, and in all cases provided for by the Constitution and laws. 2. The governor shall not affix the great seal, nor permit it to be affixed, to any document without accompanying the same with his signature. 1853, c. 131, s. 1. Who keeper of the great seal; who to use same and when. Governor to 3. The governor, on the presentation to him of a patent by the Id. s. 3. commissioner of the Land Office, certified by said commissioner 15, c. 21. as proper to be issued, shall be authorized to sign such patent and sign and seal cause the great seal to be affixed thereto. 4. The governor is authorized on application to affix the great seal to copies of laws and resolutions, certified by the clerk of the Court of Appeals under his seal to be true copies. patents. Id. s. 4. 1853, c. 54. laws and resolu- 1795, c. 82, s. 1. death warrant; 5. The governor is authorized and required, whenever sentence Id. s. 6. of death is pronounced on any criminal by the judgment of a court shall issue of this State, to issue a warrant to the sheriff of the county or city when. who ought by law to execute such judgment, ordering and directing the sheriff to execute said judgment at such time as in his warrant he shall appoint. Upon notice re tence of death, or on 6. The governor, upon giving the notice required by the Consti- 1870, c. 306. tution, may commute or change any sentence of death into confine- quired, may ment in the penitentiary or banishment, for such period as he shall commute senthink expedient, and on giving such notice he may pardon any or may pardon person convicted of crime on such conditions as he may prescribe, conditions. or he may, upon like notice, remit any part of the time for which any person may be sentenced to confinement in the penitentiary, on such like conditions, without such remission operating as a full pardon to any such person. Art. 42, s. 8. 1787, c. 17, s. 4. Person pardoned on condi the State, returning. 7. If any person pardoned on condition of leaving the State, shall return contrary thereto, such person may be arrested by wartion of leaving rant from any judge or justice of the peace, and if on examination it shall appear to such judge or justice that there is reasonable ground to believe that the person arrested is the same person who was convicted and pardoned, and that he returned contrary to the terms of such pardon, he shall be committed to the prison of the county or city where arrested, and the sheriff shall bring him before the first Circuit Court for the county, or if in Baltimore city before the first Criminal Court of Baltimore which shall happen thereafter; and if on appearing, such person shall acknowledge himself to be the same person pardoned on condition of leaving the State, and that he returned contrary thereto, the court shall record such confession and proceed to pass judgment according to law; and if the person shall deny that he is the same person convicted and pardoned as aforesaid, or that he returned contrary thereto, the court shall direct the fact to be tried by a jury, and if they find against the person, the court shall pass such judgment as the law requires for the crime committed. 1868, c. 352. 1878, c. 341. Insane or lunatic convicts. Art. 42, s. 9. May remit for 8. Upon the recommendation of the board of directors of the Maryland Penitentiary, the governor may remove any insane or lunatic convict confined in the penitentiary, and provide for the support, care and safe keeping of such convict in the Maryland Hospital for the Insane, or any other State institution for the insane, and the expense thus incurred shall be defrayed by the board of directors of the Penitentiary, out of the funds arising from or appropriated for that institution. 9. The governor may remit the whole or any part of any re1782, c. 42, s. 1. cognizance which may be forfeited; Provided, the judge of the feited recogniz- court in which such forfeiture took place shall recommend the remission of the whole or some part thereof. ance. Id. s. 10. 10. The part of any fine or forfeiture belonging to an informer 1828, c. 129, s. 17. shall not be remitted by the governor, but he may remit any fine or Remitting fine not belonging to informer. Id. s. 11. 1832, c. 155. Nolle prosequi. 33 Md. 44. Id. s. 12. 1782, c. 42, s. 5. forfeiture or any part thereof not belonging to an informer. 11. No nolle prosequi shall be granted by the governor but on condition that the costs of prosecution shall be paid by the person applying for the same. 12. The governor may remit the whole or any part of any fine Remitting fine imposed by any militia court-martial. imposed by a court-martial. Id. s. 13. 1786, c. 22, s. 2. Complaint 13. Upon complaint made against any civil or military officer who can be removed or suspended by the governor, the governor against civil or may summon before him any witnesses to testify for or against such complaint, and may allow such witnesses one dollar a day for their attendance, and itinerant charges; and may enforce the attendance of such witnesses in the same manner as the courts may. military officer. Witnesses. 43 Md. 572. Id. s. 14. 1786, c. 22, s. 2. Copy of com plaint. 14. Upon complaints made under the preceding section, the party complained against shall have a copy of the complaint and notice of the time when the governor will inquire into and examine Notice. the same. 43 Md. 572. 1786, c. 22, s. 3. 15. The cost arising upon any such complaint, the governor may Id. s. 15, order to be paid either by the party making the complaint, the party Costs." complained against, or the State, and if ordered to be paid by either of the parties, the governor may enforce the payment in the same Enforcement of manner and by the same means as the Circuit Courts may enforce 43 Md. 572. their orders; and if ordered to be paid by the State, the comptroller shall issue his warrant to the treasurer to pay the same. payment. Returns of elec dent U. S. 16. The governor on returning the returns of elections for Id. s. 16. electors to choose a president and vice-president of the United 15,97, 8.33. States, and for members to represent this State in the Congress of tions for electors of president the United States, shall enumerate and ascertain the number of and vice-presivotes given for each person voted for as an elector and member of Congress respectively, and shall thereupon declare by proclamation, Proclamation. signed by the governor, the name of the person or persons duly elected, and shall cause such proclamation to be inserted in such newspapers as he may direct. volunteers in war with Mexico. 17. The governor shall upon the application in writing of any Id. s. 17. 1854, c. 280. volunteer officer or soldier who served in the first and second bat- Officers and soldiers Maryland talions of Maryland volunteers in the Mexican war, or any citizen of Maryland who enlisted in any company composing a portion of the ten additional regiments called into service by act of Congress during the said war, and served therein, and upon such proof as he may deem necessary to establish such service and an honorable discharge from or muster out of the same, issue to such volunteer or enlisted officer or soldier a copy or duplicate of the discharge re- Official copy of ceived by him when so discharged or mustered out of service, printed upon parchment and signed by the governor, the secretary of state, and adjutant-general, and attested by the great seal of the State. discharge. Id. s. 18. 1793, c. 34; 1774, Malignant or is c. 23. disease. 18. When the governor shall have strong grounds from the information of physicians or otherwise to apprehend that there danger of any malignant, contagious disease being introduced into contagious this State from foreign parts, or from any of the United States, he may compel any vessel coming to any of our ports, shores or harbors, to ride quarantine, and may forbid all intercourse or commu- Quarantine. nication, either by land or water, between this State and the place affected, or lay such intercourse under such regulations and restrictions as he may think advisable, and take all measures and do all things which may appear to him necessary to give effect to the objects of this section. SECRETARY OF STATE. Art. 86, s. 1. 1853, c. 448. 19. The secretary of state shall have a seal for his department, To keep a seal for the authentication of copies of records or papers in his office; copies. but no copy of a record or paper shall be given out or certified by of record, etc., to authenticate Not to give copy without appro- him of any order, entry, or action of the governor, without the ap bation of governor. Id. s. 2. 1805, c. 65, s. 50; 1843, c. 284, s. 1. To record civil commissions. Id. s. 3. 1852, c. 172, s. 4. ports of clerks probation of the governor. 20. He shall record all commissions to civil officers issued by the governor in a book to be kept by him for that purpose, and shall transmit the same to the clerks of the several Circuit Courts for the counties, and of the Superior Court of Baltimore City. 21. He shall preserve the reports of the clerks of said courts To preserve re- transmitted to him from time to time of the qualification of officers, of qualification and shall be competent to certify to their characters and qualifications equally with the said clerks. of officers. 1874, c. 483, s. 141. To report to 22. The secretary of state shall furnish to the comptroller ancomptroller list nually a list of all officers who have been reported to him by the of qualified several clerks as having qualified by taking the oath of office. officers. 1874. c. 1. His duties. Salary. 1862, c. 225. Governor authorized to appoint a messenger: his compensation and duties. 1862. c. 15, s. 2. Keeper of public buildings, ASSISTANT SECRETARY OF STATE. 23. The governor is hereby authorized and empowered, in case of the sickness or absence of the secretary of state, to appoint, temporarily, an assistant to the secretary of state, who is hereby empowered to discharge all the duties imposed by law upon said. secretary during his illness or absence from the seat of government; and the governor is authorized to pay, out of the executive contingent fund, for such services a salary not exceeding one hundred and fifty dollars per month. MESSENGER, KEEPER OF PUBLIC BUILDINGS, WATCHMEN, ETC. 24. The governor may appoint a messenger to the executive, who shall be the keeper of the water-closets attached to the Statehouse, and shall keep the same cleaned, ventilated, and supplied with water, and in every respect in thorough order, who shall hold his office at the pleasure of the governor, and shall receive an annual salary of five hundred dollars. 25. The governor shall annually appoint some competent person to keep the public buildings and grounds in order, and who shall ally appointed keep clean and in proper order the hall or entrance to the State etc., to be annu by governor. His duties. Id. s. 3. house, the Senate-chamber, the hall of the House of Delegates, the committee-rooms, and stairs ascending thereto; and during the recess keep them thoroughly cleaned and ventilated, and before each session to arrange the furniture, carpets, and desks, and prepare both chambers for the assembling of the legislature; for which services he shall receive the sum of thirty dollars per month. 26. The governor shall annually appoint two white male citizens, their duties, etc. whose pay shall be the sum of thirty-five dollars per month, to watch and guard all the buildings within the Statehouse inclosure, from nine o'clock P.M. until daylight each day, and to take charge of and keep in order the fire apparatus belonging to the State. 27. The governor shall annually appoint some suitable person Id. s. 4. to be keeper of the steam-house and the furnace of the record office, Keeper of the who shall receive the sum of thirty-five dollars per month, and one steain house,etc. assistant keeper, who shall receive the sum of thirty dollars per Assistant. month. Salaries. 28. The treasurer, upon the warrant of the comptroller, shall pay Id. s. 5. the sums mentioned in the preceding four sections to the persons who shall be appointed by the governor, as aforesaid. TITLE V. Legislative Department. CONSTITUTION-ARTICLE III. ARTICLE 7. PUBLIC PRINTER, OFFICERS AND MILEAGE. CONSTITUTION—ARTICLE III. 1. Two branches; style. 2. Election of senators; term, four years. 3. Representation in House of Delegates until next census. 4. Basis of representation in House of Delegates; legislative districts in Baltimore city. 32. Appropriations to be made by law; contin- 33. Local and special laws not to be passed; 34. Debts not to be contracted; credit of the 5. Governor to arrange the representation in 35. Extra compensation not to be allowed. SECTION 1. The legislature shall consist of two distinct branches; a Senate Two branches. and a House of Delegates, and shall be styled the General Assembly of Mary- Style. land. |