now by law allowed, unless a nominal party merely; provided, that when an executor or administrator, Proviso. guardian or committee of a lunatic or insane person is a party to the suit, action or other proceeding when the cause of action has arisen on a contract made with such executor, administrator, guardian or committee, or out of transactions between such executor, administrator, guardian or committee and the other party, or when the executor, administrator, guardian or commit- Executor, guartee testifies as to any conversation had with the other party, either party may be examined as a witness, as provided for in the other sections of this article. Passed and approved March 6, 1868. dian, &c. COMMISSION OF SLAVE STATISTICS. 1868, c. 385 repeals 1867, c. 189, s. 6 [Sup. 115] and substitutes the following in lieu thereof: Time limited: vacancy. 6. The aforesaid commissioners shall perform the 1868, c. 385. duties of their respective offices within two years from the date of the passage of this article, and in case of the death, resignation, refusal to act, or removal from office of any of the aforesaid commissioners, the governor shall fill such vacancy or vacancies. In force and approved March 30, 1868. NOTE.-See 1868, c. 254, providing for the appointment of a Commissioner of Slave Statistics 114 FEES OF OFFICERS-FISH AND FISHERIES. [ARTS. 38-41. 1868, c. 317 continues in force 1865, c. 67, an act to regulate and make uniform the fees of constables, [Sup. 116,] until April 1, 1870. 1865, c. 67 is continued in force until April 1, 1869, by 1867, c. 375, [Sup. 118.] NOTARIES PUBLIC. 1868, c. 259 repeals section 25 being 1864, c. 137, [Sup. 120,] and enacts the following 1868, c. 259. Fees on protests. as a substitute therefor: SEC. 25. The three last preceding sections shall not apply to notaries in any of the counties, unless the fees on protests in any one year shall exceed the sum of three hundred and fifty dollars. Passed and approved March 30, 1868. 1868, c. 421 repeals and amends section 2 and re-enacts the same as follows: 1868, c. 421. Within what SEC. 2. No person shall, from the tenth day of June time fishing by until thirty-first of July, in each year, fish by gill net or hauling seine, within the waters of the Chesapeake gill net or seine prohibited. Bay, lying within bounds of Cecil, Kent and Harford counties, or any of its tributaries within said counties, unless with seines usually called market seines, which Market seines. are used for catching summer fish; nor shall any person, except resident citizens of this state, or the owners or tenants of lands or shores bordering on any of said waters so lying within said counties, fish by gill net, hauling seine, or any device whatever, within the aforesaid waters, at any period of the year, unless by permission of the owners or tenants of the lands or shores aforesaid; and any person violating and offend- necessary. ing against either provision of this section shall forfeit Penalty. the boats, nets and seine, or other fixtures used by such offender at the time of so violating the same. In force and approved March 30, 1868. When permis sion of owners SINEPUXENT BAY, &c. 1868, c. 442 enacts the following: ing. 3. If any person or persons shall haul or fish with 1868, c. 442, s. 1. Hauling or fishany seine or seines in Sinepuxent Bay or its tributaries, ing with seines above George's or in any of the bays or their tributaries on the eastern Island Landside of Worcester county, above what is known as George's Island Landing, on Parker's Bay, he or they shall be fined in a sum not exceeding one hundred dol- Fine. lars for the first offence, and two hundred dollars for every subsequent offence, with all costs and charges accruing in the prosecution of such offender or offenders. Length of seine. Fine. 4. No gill net, set-seine or other contrivance for, Ibid. 8. 2. catching fish (otherwise than a hauling seine) in any of the waters aforesaid shall exceed in length or extent seventy-five fathoms, and any person or persons so offending shall forfeit and pay one hundred dollars, and for every subsequent offence, shall forfeit and pay two hundred dollars, together with all costs and charges in the prosecution of such offender or offenders. Ibid. s. 3. 5. The offences named or contemplated by this act Any justice of may be heard by any justice of the peace of this issue warrant. the peace to state, before whom the offending party or parties may be brought, or any justice of the peace of this state who, upon information shall issue a warrant for the apprehension of any such offender or offenders; the said justice, upon hearing proof, may either discharge Recognizance. the accused or cause him or them to enter into recognizance, with sureties, in double the amount of the penalty, for any violation of the provisions of this act, to appear at the then session or the next term of the circuit court for Worcester county, to answer for the offence and to satisfy the judgment which may be rendered against him or them therefor, or in default thereof, the said party or parties to be committed to the county jail until such recognizance be given. Ibid. s. 4. Division of fines. 6. All fines or penalties imposed by this act shall be divided, one-half to the informer, and the other half to be applied to the improvement of the public roads in said county. In force and approved March 30, 1868. NOTF.-See 1868, c. 343 protecting clams and shell-fish in Worcester county under Public Local Laws, Art. XXIII, Worcester county. 1868. c. 78. Mileage of MILEAGE. 1868, c. 78 enacts the following: SEC. 1. The mileage of members and officers of the members and house of delegates and senate of Maryland shall be fixed and established as follows, that is to say: the officers. senators and delegates from Allegany county shall each receive the sum of eighty dollars; those from Anne Arundel county, except from Annapolis city, the sum of fifteen dollars; those from Baltimore city, fifteen dollars; those from Baltimore county, the sum of nineteen dollars; those from Calvert county, the sum of fifty dollars; those from Caroline county, the sum of seventy-four dollars; those from Carroll county, the sum of thirty dollars; those from Cecil county, the sum of thirty-six dollars; those from Charles county, the sum of forty-eight dollars; those from Dorchester county, the sum of ninety dollars; those from Frederick county, the sum of thirty-three dollars; those from Harford county, the sum of twenty-seven dollars; those from Howard county, the sum of eighteen dollars; those from Kent county, the sum of sixty-four dollars; those from Montgomery county, the sum of twenty-six dollars; those from Prince George's county, the sum of twenty-five dollars; those from Queen Anne's county, the sum of sixty-eight dollars; those from St. Mary's county, the sum of seventy-one dollars; those from Somerset county, the sum of ninetytwo dollars; those from Talbot county, the sum of eighty-six dollars; those from Washington county, the sum of forty-nine dollars; those from Wicomico county, the sum of eighty-six dollars, and those from Worcester county, the sum of ninety-four dollars. In force and approved February 26, 1868. STATIONERY. 1868, c. 70, entitled an act to repeal section first of the act passed March 23, 1867, c. 187, [Sup. 144,] entitled an act to limit the amount of stationery furnished to members and officers of the general assembly, and to provide a system of commutation; and to re-enact in lieu of section first, so repealed, the following, enacts as follows: Stationery to members. 2. From and after the passage of this act, it shall 1868, c. 70. not be lawful for the state librarian to furnish any member or officer of the general assembly an amount of stationery to exceed in value more than twenty-five |