commissioners resided at the time of their of the State, at the first general election of election, whose term of service has expired. delegates to the assembly after the ratification And in case of a vacancy in the office of of this Constitution, who shall hold his office either of said commissioners, by death, resig- for the term of six years from the first day of nation, or otherwise, the Governor, by and January next after his election. The returns with the advice and consent of the senate, of said election shall be made to the Governshall appoint some qualified person from the or, and in the event of a tie between any two same district, to serve until the next general or more candidates, the Governor shall direct election of delegates, when an election shall a new election to be held by writs to the sevbe held, as aforesaid, for a commissioner for eral sheriffs, who shall hold said election after the residue of said term. And in case of an at least twenty days notice, exclusive of the equal division in the board of commissioners, day of election. The said commissioner shall on any subject committed to their charge, the sit as judge of the land office, and receive treasurer of the State shall have power, and therefor the sum of two hundred dollars per shall be called on to decide the same. And annum, to be paid out of the State treasury. in the event of a tie vote for any two of the He shall also perform the duties of the regiscandidates for the office of commissioner inter of the land office, and be entitled to rethe same district, it shall be the duty of the Governor to commission one or the other of the candidates having the equal number of votes. And if the Governor doubt the legality or result of any election held for said commissioners, it shall be his duty to send the returns of such election to the house of delegates, who shall judge of the election and qualification of the candidates, at such election.

SEC. 4. During the continuance of the lottery system in this State, there shall be elected by the legal and qualified voters of the State, at every general election for delegates to the general assembly, one commissioner of lotteries, who shall hold his office for two years, and till the qualification of his successor, and shall be re-eligible. His whole compensation shall be paid out of the fund raised for the Maryland consolidated lottery grants, and shall not exceed the amount of commissions received by one of the present lottery commissioners, out of said fund; and he shall give such bond, for the faithful performance of his duties as is now given by the lottery commissioners. The term of the commissioner, who shall be elected at the general election for delegates next succeeding the adoption of this Constitution, shall commence at the expiration of the commissions of the present lottery commissioners, and continue for two years, and till the qualification of his successor.

ceive therefor the fees now chargeable in said office; and he shall also perform the duties of examiner general, and be entitled to receive therefor the fees now chargeable by said officer. The office of register of the land office and examiner general shall be abolished from and after the election and qualification of the commissioner of the land office.

His

SEC. 7. The State librarian shall be elected by the joint vote of the two branches of the legislature, for two years, and until his successor shall be elected and qualified. salary shall be one thousand dollars per annum. He shall perform such duties as are now or may hereafter be prescribed by law.

SEC. 8. The county authorities now known as levy courts or county commissioners, shall hereafter be styled county commissioners,' and shall be elected by general ticket, and not by districts, by the voters of the several counties, on the first Wednesday in November, one thousand eight hundred and fiftyone, and on the same day in every second year thereafter. Said commissioners shall exercise such powers and duties only as the legislature may from time to time prescribe; but such powers and duties, and the tenure of office, shall be uniform throughout the State, and the legislature shall, at or before its second regular session, after the adoption of this Constitution, pass such laws as may be necessary for determining the number for each SEC. 5. From and after the first day of county, and ascertaining and defining the April, eighteen hundred and fifty-nine, no lottery scheme shall be drawn, for any purpose whatever, nor shall any lottery ticket be sold in this State; and it shall be the duty of the several commissioners elected under this Constitution, to make such contract or contracts as will extinguish all existing lottery grants before the said first day of April, eighteen hundred and fifty-nine, and also secure to the State a clear yearly revenue equal to the average amount derived by the State from the system for the last five years; but no such contract or contracts shall be valid until approved by the treasury and comptroller.

powers, duties, and tenure of office of said commissioners; and until the passage of such laws the commissioners elected ander this Constitution shall have and exercise all the powers and duties in their respective counties, now exercised by the county authorities under the laws of the State.

SEC. 9. The general assembly shall provide by law for the election of road supervisors, in the several counties, by the voters of the election districts respectively, and may provide by law for the election or appointment of such other county officers as may be required, and are not herein provided for, and prescribe SEC. 6. There shall be a commissioner of their powers and duties; but the tenure of the land office elected by the qualified voters' office, their powers and duties, and mode of

appointment, shall be uniform throughout the | ture, the legislature shall direct at the next State.

SEC. 10. The qualified voters of each county, and the city of Baltimore, shall, at the first election of delegates after the adoption of this Constitution, and every two years thereafter, elect a surveyor for the counties, and the city of Baltimore respectively, whose duties and compensation shall be the same as are now prescribed by law for the county and city surveyors respectively, or as may hereafter be prescribed by law. The term of office of said county and city surveyors respectively, shall commence on the first Monday of January next succeeding their election. And vacancies in said office of surveyors, by death, resignation, or removal from their respective counties or city, shall be filled by the commissioners of the counties, or mayor and city council of Baltimore respectively.

SEC. 11. The qualified voters of Worcester county shall, at the first election of delegates after the adoption of this Constitution, and every two years thereafter, elect a wreck-master for the said county, whose duties and compensation shall be the same as are now prescribed or may be hereafter prescribed by law. The term of office of said wreck-master shall commence on the first Monday of January next succeeding his election; and a vacancy in said office, by death, resignation, or removal from the county, shall be filled by the county commissioners of said county, for the residue of the term thus made vacant.

ARTICLE VIII.

NEW COUNTIES.

SECTION 1. That part of Anne Arundel county called Howard district, is hereby erected into a new county, to be called Howard county, the inhabitants whereof shall have, hold and enjoy all such rights and priv-. ileges as are held and enjoyed by the inhabitants of the other counties in this State; and its civil and municipal officers, at the time of the ratification of this Constitution, shall continue in office until their successors shall have been elected or appointed, and shall have qualified as such; and all rights, powers and obligations incident to Howard district of Anne Arundel county shall attach to Howard county.

succeeding election, that the judges shall open a book at each election district in said part of Allegany county, and have recorded therein the vote of each elector "for or against" a new county. In case the majority are in favor, then said part of Allegany county to be declared an independent county, and the inhabitants whereof shall have, and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of the other counties in this State. Provided, that the whole representation in the general assembly of the county, when divided, shall not exceed the present delegation of Allegany county, allowed under this Constitution until after the next census.

ARTICLE IX.

MILITIA.

SECTION 1. It shall be the duty of the legislature to pass laws for the enrolment of the militia; to provide for districting the State into divisions, brigades, battalions, regiments, and companies, and to pass laws for the effectual encouragement of volunteer corps by some mode which may induce the formation and continuance of at least one volunteer company in every county and division in the city of Baltimore. The company, battalion, and regimental officers (staff officers excepted) shall be elected by the persons composing their several companies, battalions and regi

ments.

SEC. 2. The adjutant general shall be appointed by the Governor, by and with the advice and consent of the senate. He shall hold his office for the term of six years, and receive the same salary as heretofore, until changed by the legislature.

ARTICLE X.

MISCELLANEOUS.

SECTION 1. Every officer of this State, the Governor excepted, the entire amount of whose pay or compensation received for the discharge of his official duties shall exceed the yearly sum of three thousand dollars, shall keep a book, in which shall be entered every sum or sums of money received by him or on his account as a payment or compensation for his performance of official duties, a copy of SEC. 2. When that part of Allegany county, which entries in said book, verified by the lying south and west of a line beginning at oath of the officer by whom it is directed to the summit of Big Back Bone or Savage be kept, shall be returned yearly to the treasmountain, where that mountain is crossed by urer of the State for his inspection and that Mason and Dixon's line, and running thence of the general assembly of Maryland; and by a straight line, to the middle of Savage each of such officers, when the amount reriver where it empties into the Potomac river, ceived by him for the year shall exceed the thence by a straight line, to the nearest point sum of three thousand dollars, shall yearly or boundary of the State of Virginia; then pay over to the treasurer the amount of such with said boundary to the Fairfax stone, shall excess by him received, subject to such dispocontain a population of ten thousand, and sition thereof as the legislature may deem just the majority of electors thereof shall desire to and equitable. And any such officer failing separate and form a new county, and make to comply with the said requisition, shall be known their desire by petition to the legisla-deemed to have vacated his office, and be sub

THE CONVENTION BILL,

PASSED JANUARY SESSION, 1864, UNDER THE PROVISIONS OF WHICH THE CONVENTION ASSEMBLED.

the Governor of the State, immediately issue public notice for a special election, to be held at the usual places of holding elections in said county or city, not less than five or more than ten days after said notice, for the purpose of supplying such vacancy.

clerks and other officers as they may deem necessary to facilitate the transaction of the business of the Convention, and to fix their compensation, and the treasurer of the State of Maryland shall, upon the order of the president of said Convention, pay to each member thereof their per diem and mileage as hereinbefore provided, and shall also pay the officers of said Convention, upon the order of the president, such compensation as the Convention shall allow; provided it shall be the duty of the speaker of the house of delegates and of the president of the senate to provide a reporter of the debates and proceed-may prescribe; and the provisions hereinbeings of said Convention, who shall act until the said Convention shall provide its own officers.

SEC. 6. And be it enacted, That the Constitution and form of government adopted by the said Convention aforesaid, shall be submitted for the legal and qualified voters of the State, for their adoption or rejection, at such time, in such manner, and subject to such rules and regulations as said Convention

fore contained for the qualification of voters, and the holding of the elections provided in the previous sections of this act, shall be applicable to the election to be held under this section.

SEC. 7. And be it enacted, That in case of any refusal or neglect of any of the judges of election, or of any clerks of the court, or of any sheriff of any county or Baltimore city, to make any of the returns, or perform any of the duties required of them respectively, by the provisions of this act, such judge, clerk or sheriff so refusing or neglecting, shall be liable to indictment for such offence, and upon conviction thereof shall be deemed guilty of a misdemeanor, and be sentenced to a fine of not less than five hundred dollars and to imprisonment in the jail of the city or county where such offence may have been committed, for a term of not less than six months.

SEC. 4. And be it enacted, That before any member or officer of said Convention shall enter upon the discharge of duties he shall take and subscribe before the Governor of this State, who is authorized to administer the same, the following oath: "I do swear or affirm, that I will, to the best of my skill and judgment, diligently and faithfully, without partiality, discharge the duties of member of the Convention to frame a new_Constitution and form of government; that I will support the Constitution of the United States, and will be faithful and bear true allegiance to the State of Maryland and the government of any State to the contrary notwithstanding; and that I have never, either directly or indirectly, by word, act, or deed, given any aid, comfort, or encouragement to those in rebellion against the Government of the United Governor shall receive the return of the numSEC. 8. And be it enacted, That when the States; and this I swear voluntarily, without ber of ballots cast in this State for the adopany mental reservation or qualification whatever, so help me God;" and that the Gover- tion or rejection of the Constitution submitted nor shall transmit to the said Convention, as counting and casting up the returns as made by the Convention to the people, if upon soon after the organization thereof as may be to him by the judges of election, as hereinbepracticable, a list of the members and officers fore prescribed, it shall appear that a majority who shall have taken and subscribed the oath of the legal votes cast at said election are in as aforesaid; and that no person elected as a favor of the adoption of the said Constitution, delegate to said Convention shall be authori- he shall issue his proclamation to the people zed or deemed qualified to enter upon the dis- of the State declaring the fact, and he shall charge of his duties as such, until he shall take such steps as shall be required by the have taken and subscribed the oath as aforesaid Constitution to carry the same into full said; and that any senator or delegate may be eligible to a seat in said Convention, but operation, and to supersede the old Constituthat no senator or representative in the Congress of the United States, or Judge of any SEC. 9. And be it enacted, That all ballots Circuit Court, Superior Court, Court of Com- cast at any of the elections to be held under mon Pleas or Criminal Court of the city of the provisions of this law shall be written or Baltimore, Clerks of said Courts, Registers of Wills or Sheriff shall be eligible to said Con

tion of the State.

printed on white paper, and any ballot or ballots written or printed on colored paper shall not be received by said judges of election; and that this act shall be published under the order of the Governor, in three of the newspapers of the city of Baltimore, one of them to be a paper printed in German, and one in each county where a newspaper is printed, once a week for three weeks before the day of election.

SEC. 10. And be it enacted, That this act shall take effect from the day of its passage.