mortgage of the property of such corporation, or which has the power to obtain money upon mortgage may, whenever in the judgment of said corporation, it is. expedient so to do, in place of issuing such bonds and securing the same by a mortgage of the property of the said corporation, or instead of obtaining money upon mortgage, issue a preferred stock for any amount for which the said corporation may be authorized to issue its bonds, or for any amount for which the said corporation may be authorized to obtain upon mortgage of its property, and may dispose of the said stock by sale, on such terms as it may prescribe, or by permitting the same to be subscribed for, as in the judgment of said corporation may be deemed expedient, and every corporation creating such preferred stock as aforesaid, may execute an agreement under seal, guaranteeing to the purchasers of or subscribers to such preferred stock, Perpetual divi- a perpetual dividend of six per centum per annum out of the profits of the said corporation, payable yearly or half-yearly, as said corporation shall determine before any dividend is distributed to any of the stockholders of the said corporation, other than the holders of said preferred stock so created, and the holders thereof shall have all the incidents, rights, privileges and immunities and liabilities to which the capital stock of said corporation, or the holders thereof, may be entitled or subject; provided, however, that no corporation shall exercise any power under this section, unless the creation of the said preferred stock shall be authorized by General meet a general meeting of the stockholders of said corporation. dend. Proviso. ing of stock holders. In force and approved March 30, 1868. NOTE.-The above law was prepared by Messrs. Gwinn, Maulsby and Carter, Commissioners appointed by the Governor to draft laws for the formation of Corporations and for other purposes under section 48 of Article 3 of the Constitution. In their report to the General Assembly, Jan. 14, 1868, they recommend: That the above sections (except sections 217, 218 and 219, which were afterwards inserted) "shall be enacted as one Article of the Code of Public General Laws; and for this purpose they respectfully recommend that all the sections of Article 26 of the Code of Public General Laws be repealed, and that said article be re-enacted to be composed of the sections one to two hundred and seventeen herewtih reported. They also further recommend that section 22 of Article 16 of the Code of Public General Laws, sections 93 to 103, both inclusive of the same Code-(this is presumed to be a typographical error, as sections 99 to 103, inclusive of Article 75, are the sections referred to)and sections 33 to 43, both inclusive of Article 88 of the same Code, be repealed, as the sections so recommended to be repealed have, in an amended form, been incorporated among the provisions contained in the sections which they report as proper to be enacted to constitute Article 26 of said Code." There is no repealing clause in this act; it is merely entitled an act to repeal sections of the Code, which are, however, inaccurately enumerated. See pp. 33. 22, 19. ROMAN CATHOLIC CHURCH. 1868, c. 268, entitled an act to amend and enlarge the powers conferred by the act entitled an act relating to the manner of holding and transmitting the title to certain church property therein mentioned, passed at December session, 1832, c. 308, enacts, that so much of the act of December session, 1832, c. 308, as provides "that the property and estate to be conveyed and held under the provisions thereof, shall not for any one congregation exceed two acres, and that such property be improved, enjoyed and used only for a church lot, parsonage and burial ground, or such conveyance for such lot shall be void," be, and the same is hereby repealed. That the Roman Catholic archbishop of Baltimore for the time being, and his successors forever, shall be capable to take, receive and hold by sale, gift, lease or devise, any lots or parcels of land not exceeding in the whole five acres, for the uses of any one congregation, according to the discipline and government of the Roman Catholic Church, to be improved, enjoyed or used for a church, parsonage, burial ground, school house, or any or all of said purposes. In force and approved March 30, 1868. NOTE-See Art.-, Domestic Insurance Companies, being act of 1868, c. 294. 1868, c. 192 repeals 1867, c. 289 [Sup. 64] entitled an act to add a new article to the Code of Public General Laws, to be entitled Public Roads in Caroline county and Talbot county, and which relates to the repairs of the public roads in said counties, and prescribes the duties of the county commissioners, supervisors and others in relation thereto. 1868, c. 299 repeals 1867, c. 290, [Sup. 62] except so far as said article relates to Somerset county, and enacts the following sections in lieu thereof and repeals all laws or parts of laws inconsistent with the provisions hereof: Road districts. 1868, c. 299 s. 2. SEC. 29. The county commissioners of the several counties shall have the power to sub-divide each or of the election districts of their respective counties into road districts, and to appoint a supervisor for each of the said road districts. Ibid. s. 3. Duty of road supervisors. any 30. Every male inhabitant above twenty-one years Labor on roads. of age, and possessing taxable property, assessed at five hundred dollars or upwards, and every other male inhabitant between the ages of twenty-one and fifty years, not residing within the limits of an incorporated town, who shall have resided in any one of the counties to which this article applies, for one month next preceding the date when his services may be demanded, shall be required to labor two days, in every year, on the public roads, in the road district in which he may reside, and the road supervisor, whenever the public roads shall need repairs, shall summon all such persons in his road district, or such number of them as he may deem necessary to make such repairs, provided that he shall not summon the same party twice, until he shall have exhausted the whole number liable to such duty in his road district, giving at least two days' notice of the time and place of meeting; provided, however, that no person shall be compelled to labor more than four miles from his place of residence, and the authorities of the incorporated towns within the limits of any county to which this article applies, shall keep the public roads in good condition and repair, to the distance of one kept in repair. mile from their respective incorporated limits, and to enable them to accomplish the same, they are hereby authorized to accept and apply the provisions of this article to persons residing within the limits of their respective corporations. Proviso. Roads to be Ibid. s. 4. Exemption. 31. If any person not possessing taxable property assessed at five hundred dollars or upwards, from whom such labor on the public roads may be required, under the provisions of the preceding section, shall make it satisfactorily appear to the road supervisors of the road district in which he resides, that he is physically unable to perform the said labor, either by reason of permanent disability or that said disability existed at the time at which his services were required, and is not able to pay the commutation hereinafter provided, it shall be the duty of the said supervisor to exempt such person from the performance of the said labor and commutation for labor, and in case such supervisor shall refuse to exempt any person who shall apply for exemption, as herein provided, such person, if he shall feel aggrieved by such refusal may appeal to the Appeal to county commissioners of the county, whose decision missioners. shall be final. 32. The county commissioners of the several counties may make such commutation of labor for teams and carts or wagons, as they may deem proper. county com Ibid. s. 5. Commutation. Ibid. s. 6. Fines. to account to 33. Every person liable, as aforesaid, to labor on said public roads, who shall fail to obey the summons of the road supervisor, or furnish a substitute, shall, upon demand made by said supervisor, pay to said supervisor the sum of one dollar and fifty cents for each and every day, not exceeding two days, that he shall fail to perform such labor, and the said supervisor shall collect and account, under oath, to the county Supervisors commissioners, for all sums of money so collected, and county comexemptions granted, and shall apply the said money under the directions of the said county commissioners, to hiring laborers to work on the public roads, and shall pay over to his successor, upon the order of the county commissioners, any surplus that may remain in his hands, and the said supervisors shall make a report Report. on oath, once in three months, to the county commissioners, of the money received and expended. missioners. Refusing to &c. 34. Any person liable to labor, as aforesaid, who Ibid. s. 7. shall refuse to obey such summons, and shall refuse labor on roads, to labor on said public roads, as hereinbefore provided, for one or two days, as hereinbefore specified, and shall refuse or neglect, upon demand made as afore Penalty. justice of the peace. said, to pay to said supervisor the sum of one dollar and fifty cents per day, for one or two days' labor, as aforesaid, or shall refuse or neglect to furnish a substitute, as aforesaid, shall be deemed guilty of a misdemeanor, and shall, upon complaint made by such supervisor, be liable to be arrested and brought before Warrant from any justice of the peace in the county, upon a warrant, to be by said justice issued, in the name of the state therefor, and shall, upon proof of such summons and failure to obey the same, and refusal to pay said sum of one dollar and fifty cents per day, for not exceeding two days, be fined to an amount equal to said sum of one dollar and fifty cents per day, for not exceeding Proceedings. two days, and all costs of such proceedings before said justice, including the pay for the witnesses for the prosecution, and the said justice, in order to enforce the collection of said fines, shall have the power to issue an execution upon the judgment therefor, and to make it a part of said judgment, and the party against whom any such judgment is rendered shall stand committed to the county jail until such fine and costs be paid, but said imprisonment shall not exceed ten days for any one offence; provided, that any party against whom any justice of the peace may render a judgment, under any of the preceding sections of this article, may at any time within ten days from the rendition of such judgment, appeal from such judgment to the circuit court for any county wherein the same may have been rendered; provided, the party so appealing shall give bond, with surety, to the state of Maryland, to be approved by the said justice of the peace, in the sum of fifty dollars, with condition to prosecute such appeal with effect, and to pay and satisfy the fine imposed by said justice of the peace, in case the judgment shall be affirmed, as, also, all costs adjudged by said justice of the peace, and, also, all costs awarded by the circuit court for the county to which said appeal shall have been taken, and all fines collected under the provisions Fines payable of this article shall be paid to the commissioners of the missioners. respective counties, to be by them applied for the Proviso. Appeal to circuit court. Proviso. Bond. to county com |