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right or in right of their wife, and who have resided in Chestertown or the precincts thereof one whole year next preceding the day of election, shall annually, on the fourth Monday in May, elect seven persons of lawful age, each of whom shall be the owner of real property in said town in his own right, or in the right of his wife, and shall reside therein, commissioners for said town, and the persons so elected by the name of The Commissioners of Chestertown, are hereby declared Incorporation. to be a body politic with power to sue and be sued, and use a common seal and the same to alter at their pleasure.

commission

assessment of

commission

46. The said commissioners shall procure from the Clerk of county clerk of the county commissioners for said county, who ers to furnish is hereby authorized and required under the penalty of real property. five hundred dollars to be recovered on presentment or Penalty. indictment in the circuit court of Kent county for their use, to furnish the same, between the tenth day of June and the twentieth day of July, and assessment of all the real property and houses within the limits of said town, and the names of the persons assessed therewith, and may levy on the property so assessed such sum Powers of town of money as they may deem necessary, not exceeding ers. twenty-five cents in the hundred dollars in any one year, and may appoint and qualify a person to collect the same, and if the collector of the county taxes for the Collector. election or other district in which Chestertown is situate shall be appointed, it shall not be lawful for him to decline receiving and acting upon the said appointment, or refuse to execute his bond for the performance of his duty, according to law and as provided in section forty-seven of the Code of Public Local Laws, title, Kent county.

In force and approved March 30, 1868.

ORPHANS' COURT.

By the act of 1868, c. 417 the orphan's court of Kent county are authorized and empowered to examine the record books of wills in the office of register of wills of Kent county, and if in their judgment, the record of wills from seventeen hundred

and eighty-one to seventeen hundred and ninety, shall need to be transcribed to preserve the said record of wills, that they cause the register of wills to transcribe the same in a well bound book, fairly indexed, and in a good and legible hand writing, and if in their judgment any of the record books in said office shall absolutely need binding, that they order and direct the register to have the same rebound in a good and substantial manner, and if any of the indexes to them shall be imperfect, to direct that the same be made perfect; and that the register of wills of Kent county be and he is hereby authorized and required to make, or cause to be made, a general index of all wills recorded in his office, noting the liber, page and date, and cause the same to be well and strongly bound with blank leaves at the end of each principal letter, on which, from time to time, shall be entered such other wills as may be proved and recorded; and that the said orphans' court, after the whole work aforesaid shall be completed, shall certify the cost thereof to the county commissioners, who shall cause the same to be levied on the assessable property of Kent county for the use of the said register of wills, provided that the same shall not exceed in amount the sum of five hundred dollars.

ROADS.

1868, c. 182 amends this article by adding thereto a section to read as follows:

1868, c. 182. Sidewalks of roads.

Driving, &c., horses, &c.,

over.

Penalty.

Provise.

169. It shall not be lawful for any person or persons to ride, drive or lead any horse, mare, mule, oxen, cow or other animal on or over the sidewalk on the western side of the main road leading from Galena, where the roads cross, to the hill at Georgetown, nor on the sidewalk on the northern and eastern side of the public road leading from the north-western precincts of Chestertown to the westernmost corner of Chester Cemetery on the road to Wheland's Mills, and any person thus offending, shall be subject to a fine of two dollars for the first offence, and three dollars for every subsequent offence, to be recovered before a justice of the peace as small debts are recovered, in the name of the county commissioners for Kent county, and such moneys when recovered shall be paid to them to be expended under their directions, for the purpose of repairing and improving respectively, the said sidewalks, which shall not exceed eight feet in width on their surface; provided, that nothing in this act shall prevent persons riding or driving across said sidewalks to obtain access to adjoining lands, or for the purpose of entering the grounds of Chester cemetery.

In force and approved March 28, 1868.

RAIL ROADS.

See under Public Local Laws, Art. VI, Caroline County, the act of 1868, c. 298 authorizing the construction of a branch road from some point in Caroline county, through Queen Anne's county, Kent county and Cecil county to Elkton.

1868, c. 6 is entitled an act to amend section 4 of the act passed at the January session 1864, c. 29, entitled an act to incorporate the Kent County Rail Road Company, passed on March 8, 1856, c. 148 to add four sections thereto and to appoint four new commissioners in the place of four deceased commissioners. Which act of 1868, c. 6 is amended by the act of 1868, c. 383. 1868, c. 9 is entitled an act to amend an act entitled an act to authorize and empower the county commissioners of Kent county to subscribe in behalf of said county to the capital stock of the Kent County Rail Road Company and to issue bonds for the same and to provide for their redemption, passed at January session, 1867, c. 139 [Sup. 578,] by adding a proviso to the first section of said act, relating to the issuing of county bonds, and the time for their payment.

1868, c. 62, is an act to amend section 14 of the act entitled an act to incorporate the Kent County Rail Road Company, c. 148, passed at the January session 1856, and to re-enact the same as amended.

1868, c. 283 repeals sections 4 and 5 of 1856, c. 148, and re-enacts the same with amendments.

And 1868, c. 64 authorizes and requires the comptroller and treasurer to estimate the bonds of Kent county, that may be issued by the county commissioners of said county to pay for stock subscribed in the Kent County Rail Road Company, at the average price at which they may be sold, as cash paid towards the construction of the Kent County Rail Road.

1868, c. 149, is an act to repeal a proviso in section 4 of the act passed at January session, 1867, c. 150 entitled an act to amend the charter of the Kent County Rail Road Company, passed Januar ysession, 1866, c. 148 entitled an act to incorporate the Kent County Rail Road Company, to secure the completion of the said road by the issuing of additional bonds of the company, and to provide for the payment of the state's subscription for stock in said company, to waive the state's lien relating to the state's payment of one-fourth of her subscription for stock in one year, and to re-enact the said section as thus amended.

By the act of 1868, c. 39 the Delaware Rail Road Company is authorized to extend a branch rail road across the state line into Kent county. The second section of this act is amended by the act of 1868, c. 360.

1868, c. 72 authorizes the comptroller and treasurer, when ascertaining the amount of paid up subscriptions to the capital stock of the Queen Anne's and Kent County Rail Road Company, to estimate the bonds of Queen Anne's county as cash, at a specified rate per cent. [Sup. 605.]

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1868, c. 11 amends 1846, c. 347, [Sup. 587] so as to read as follows:

1868, c. 11. Terms.

SEC. 30. There shall be in each and every year four terms of the circuit court for Montgomery county for the transaction of law and equity business, and they shall commence and be held at Rockville, in said county, on the third Monday in January, the third Monday in March, the first Monday in June, and the second Monday in November; and jurors shall be summoned to said March and November terms, but shall not be summoned to said January and June terms of said court.

This act further enacts that it shall take effect from and after the first day of April next, and all process of said court then outstanding and not returned to said court shall be returnable to the June term of said court next thereafter, and the sheriff may be compelled to make due return of all such process to said June term, as if the said process had when issued been made returnable to said June term of said court.

Approved February 6, 1868.

JUSTICES OF THE PEACE AND CONSTABLES.

1868, c. 32 repeals section 39 and enacts the following as a substitute therefor:

1868, c. 32.

Number of jus

39. There shall be the following number of justices tices and con- of the peace and constables for Montgomery county: for election district number one, three justices of the

stables.

peace and two constables; for election district number
two, three justices of the peace and two constables; for
election district number three, three justices of the peace
and two constables; for election district number four,
four justices of the peace and three constables; for elec-
tion district number five, three justices of the peace and
two constables; and one of the justices of the peace and
one of the constables appointed for fourth district shall
be residents in the corporation limits of the town of
Rockville, and who shall give special diligence to pre-
serve the
peace of said town.

In force and approved February 18, 1868.

DIVISION LINE BETWEEN PRINCE GEORGE'S AND MONTGOMERY

COUNTIES.

1868, c. 466 recites that whereas it has been represented to the legislature of Maryland that the division line between Montgomery and Prince George's counties is not clearly known and defined, and whereas it is of public importance that this line should be well ascertained and established; therefore, it enacts that Francis Valdinar, of Montgomery county, and Wm. W. Hall, of Prince George's county, are hereby appointed commissioners to run and mark the boundary line betweeen Montgomery and Prince George's counties according to the law creating Montgomery county; and that the said commissioners shall associate with themselves James Anderson, Jr., of Montgomery county, and Thomas L. Patterson, of Prince George's county, surveyors, who shall, under the direction of the said commissioners, run, mark and define the said boundary line in a distinct manner.

That the said commissioners and surveyors shall meet at The Laurel, in Prince George's county, on the 15th of April next, or as soon thereafter as may be practicable, not exceeding thirty days, and the said commissioners shall thence proceed to discharge the duties imposed upon them by this act after having taken an oath to be administered to them by some justice of the peace for Montgomery or Prince George's county, faithfully and impartially to locate and establish the said line in such manner as they shall think right.

That the said commissioners may appoint chain carriers and such other persons as they may deem necessary, and allow them such compensation as they may deem reasonable, and the said commissioners shall carefully ascertain, mark and define the aforesaid boundary line, and shall make a complete and correct map thereof, and shall deposit the original in the office of the clerk of Montgomery county, and one copy thereof in the office of the clerk of Prince George's county, and the original or copies of said maps shall be conclusive evidence of the boundary line between the said counties.

That the sum of two hundred dollars is hereby appropriated to carry into effect the provisions of this act, and the same shall be under the direction of the governor for the purposes hereof, and the comptroller shall, under the order of the governor, draw his warrant on the treasurer for the said sum, or so much thereof as shall be necessary.

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