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Salary of warden.

Fuel.

Powers of directors.

Proviso.

Contracts.

office at any stated or special meeting of the board, whenever in the judgment of the directors the public interest may require such removal, and in the event of the office becoming vacant by removal, death or resignation, the directors aforesaid shall make a new appointment for the unexpired term of the late incumbent.

9. The warden shall receive a salary at the rate of two thousand dollars per year, and shall be allowed the occupancy of such parts of the front buildings as a dwelling as are not used for the purposes of the penitentiary, and all necessary out-houses, yards and grounds not within the walls of the prison proper: He shall also be allowed such fuel as may be necessary for his private use in the building aforesaid, but shall receive no other pay, emoluments or perquisite for his services.

16. The directors shall have the control and management of the financial affairs of the institution, and no bill against the same shall be paid until it has been certified by the president of the board or by the monthly committee, nor shall any promissory note of the institution be issued unless the same shall have been so directed by the board at a stated or special meeting thereof. They shall direct the making of all repairs and improvements in the buildings and on the premises. They shall make or direct to be made purchases of all materials and supplies, including fuel, food, clothing, hospital stores, bedding, furniture, and all other articles necessary for the use of the institution; provided, that no contract for fuel or such supplies as may be necessary or expedient to enter into a yearly contract for, shall be made by them, unless they shall have first given one week's public notice in two or more of the daily papers of Baltimore city, inviting proposals and setting forth the quantity and quality of supplies required, and the time within which proposals for such supplies shall be made, and they shall accept such proposals as may in their opinion under all the circumstances be most advantageous to the institution.

17. The party with whom any contract may be Bond. made under the provisions of the foregoing section shall enter into bond with security approved by the board of directors, and which security shall not be a party or parties in anywise officially connected with the penitentiary,) in double the amount of the estimated contract, conditioned for the faithful performance thereof, and it shall be the duty of the directors, at a board meeting, to rescind any contract as soon as there shall be a failure to comply therewith, and they shall direct at their discretion a suit on said bond for damages sustained by reason of the said non-compli

ance.

and clerk.

87. The warden shall have the superintendence of Duty of warden the financial and manufacturing operations of the institution, and it shall be his special duty to see that the clerk shall make regular and proper entries of the receipts and disbursements thereof.

In force and approved March 3, 1868.

ARTICLE LXXIV.

Lilots.

21. Charges. 25. How paid, if taken to sea: quarantine.

1868, c. 115 repeals sections 21 and 25 of this article and re-enacts and amends the same so as to read as follows:

Charges.

SEC. 21. No pilot shall charge or receive any greater 1868, c. 115. or less reward or compensation for his services as such, than as follows: for every vessel inward bound to Baltimore or from Baltimore to sea, drawing fifteen feet water or over, five dollars for each foot of water she may draw; for every vessel drawing twelve feet water, and not exceeding fifteen feet, four dollars for each foot she may draw; for all vessels drawing less than twelve

sea.

feet water, three dollars and fifty cents for each foot she may draw, which rates shall apply to vessels to or from Georgetown.

Paid if taken to 25. If any master of any vessel shall carry any licensed pilot to sea against his inclination, he shall pay the said pilot, if said vessel be of over twelve feet draught, one hundred dollars per month, until said pilot's return or death; if said vessel be of over nine feet and not over twelve feet draught, eighty dollars a month, until said pilot's return or death; if said vessel be of nine feet draft or under, sixty-six dollars and sixty-six and two-thirds cents per month, until such pilot's return or death; and for every day's detention at quarantine, by order of the health officers, three dollars per day for every day of such detention.

Quarantine.

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1868, c. 441 entitled an act to regulate the decisions of points and questions reserved for courts in banc as provided by sec. 22 of art. 4 of the constitution enacts the following:

Questions re

1868, c. 441, s. 1. SEC. 1. When at the trial of any cause any party to served for court such cause shall require any point or question decided by the court to be reserved for the consideration of the

in banc.

court in banc, and either of the judges of the said
court shall be disqualified to sit in such cause, then
it shall be lawful for the party at whose instance the
point or question shall be reserved, to elect to have Election.
such point or question decided by the remaining judges
or judge who may be qualified to sit in such cause,
or to have the cause removed to some other court
of a different circuit for the decision of the judges
thereof, or of such of said judges who may be quali-
fied to sit in such cause in banc, or to take an appeal Appeal.
to the court of appeals; and if such party or his coun-
sel shall fail to make and file such election in writing
within thirty days after the announcement of such
disqualification, or within thirty days after the trial Time.
of the cause in case such announcement shall have
been made before the trial, then such point or ques-
tion shall be decided by the remaining judges or
judge who may be qualified to sit in such cause;
provided, that every point or question reserved upon Proviso.
a motion for a new trial shall be decided by the
remaining judges or judge who may be qualified to sit
in such cause.

Form of excep

tions.

2. Points or questions reserved for the court in banc Ibid. s. 2. shall be taken by means of exceptions, to be reduced to writing, and signed and sealed by the judges or judge before whom the cause may be tried, and so framed that the point or question may be fully presented as to both law and fact, in the case the cause shall be transmitted to the court of appeals instead of being heard by the court in banc.

Ibid. s. 3. Proceedings on

3. Whenever any cause shall be removed to any other court upon a point or question reserved for the removal. court in banc, as herein provided, the said cause shall remain in the said court for trial as if the same had originated therein.

In force and approved March 30, 1868.

REMOVAL OF CAUSES.

1868, c. 180 repeals sections 74, 75, 76, 77 and 78 of this article as amended by 1865, c. 187 [Sup. 188] and substitutes the following sections therefor:

1868, c. 180. When causes may be removed, and how.

74. In all suits or actions at law, issues from the orphan's court, or other courts sitting in equity, and in all presentments or indictments now pending, or which may be pending at the time of the passage of this act, or which may be hereafter instituted in any of the courts of this state, except the court of appeals, having jurisdiction thereof, the judge or judges thereof, upon suggestion in writing, if made by the state's attorney, or the prosecutor for the state, or upon suggestion in writing supported by affidavit made by any of the parties thereto, or whenever any party to such cause or the counsel of any party shall, by other proper evidence, make it satisfactorily appear to the court such party cannot have a fair and impartial trial in the court in which such suit or action, issue or petition, presentment or indictment is pending, or when the judges of said court shall be disqualified under the provisions of the constitution to sit in any such suit, action, issue or petition, presentment or indictment, Proceedings. shall order and direct the record of proceedings in such

Proviso.

suit, action, issue or petition, presentment or indictment, to be transmitted to some other court, and of a different circuit, if the party applying shall so elect, having jurisdiction in such cases, which said court shall hear and determine the same in like manner as if such suit or action, issue or petition, presentment or indictment had been originally instituted therein; provided, that such suggestion shall be made before or during the time at which the issue or issues may be joined in said suit or action, issues, petition, presentment or indictment, unless the party or parties applying for such removal shall, in addition to such affidavits as have herein already been provided for, further state under oath, that he, she or they had come to such belief, or been convinced of that fact since the issue or issues in

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