Page images
PDF
EPUB

for its purposes in its discretion, either in fee simple or the use thereof in fee simple or for a less estate, either in the manner set forth in Sections 251 and 252 or Sections 360 to 365 of this Article; provided, however, that all corporations incorporated, or to be incorporated by virtue of said Section 28, class thirteen, and all corporations hereafter incorporated under the provisions of this Act, except such corporations of said class as are now in practical operation and have laid or constructed their lines, or any part thereof, in the city of Baltimore, and their successors by consolidation or otherwise, shall obtain a special grant from the General Assembly of Maryland, and the assent and approval of the Mayor and City Council of Baltimore city, before using the streets or highways of Baltimore city, either the surface or the ground beneath the

same.

Police.

Ibid. sec. 288. 1880, ch. 460, sec. 221.

402. Corporations owning or using any railroad, steamboat, canal, furnace, colliery or rolling-mill in this State may jointly or severally apply to the Governor to commission such persons as the said corporation or corporations may designate to act as policemen for the protection of the property of said corporation or corporations, and for the preservation of peace and good order on their respective premises, railroad trains or steamboats.

Tolchester Beach Co. v. Steinmeier, 72 Md. 313.

1888, art. 23, sec. 289. 1880, ch. 460, sec. 222.

403. The Governor, upon such application, may, if he thinks it proper so to do, appoint such persons, or so many of them as he may deem proper, to be such policemen; and shall issue to each person so appointed a commission, and shall transmit such commission to such clerk's office in the State as may, by such corporation or corporations, be designated, and he may revoke and annul any such appointments at his pleasure.

Ibid. sec. 290. 1880, ch. 460, sec. 223.

404. Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe before a justice

of the peace of the county or city in which his commission may be received, the oath or affirmation prescribed by the fourth section of the first article of the Constitution, which oath or affirmation shall be recorded in the clerk's office of such county or city; and every such policeman so appointed, after the recording of the oath or affirmation to be by him taken as aforesaid, shall possess and exercise in the counties and cities in which the railroads, canals, collieries, furnaces, rolling-mills and premises of the corporation for which he may have been appointed are respectively situated all the authority and powers held and exercised by constables at common law and under the statutes of this State, an dalso all the authority and powers conferred by law on policemen in the city of Baltimore.

Ibid. sec. 291. 1880, ch. 460, sec. 224.

405. Every such policeman shall, when on duty, except when on detective duty, wear a metallic shield with the word "police" inscribed thereon, and said shield shall always be worn in plain view, except when he is employed as a detective.

Ibid. sec. 292. 1880, ch. 460, sec. 225.

406. The compensation of every such policeman shall be paid by the party or parties upon whose recommendation he was appointed, and neither the State nor any county therein shall be responsible for any part of such compensation.

1888, art. 23, sec. 293. 1880, ch. 460, sec. 226.

407. Whenever the services of any policeman so appointed as aforesaid shall no longer be required, a notice in writing to that effect shall be given by the corporation or corporations at whose instance he was appointed, and such notice shall be filed in the clerk's office where the commission and oath or affirmation of such policeman shall have been recorded, which notice shall be noted by such clerk upon the margin of the record where such commission and oath or affirmation are recorded, and thereupon the power of such policeman shall cease and be determined.

Tolchester Beach Co. v. Steinmeier, 72 Md. 313.

1906, ch. 471.

408. The Board of Police Commissioners for the city of Baltimore be and they are hereby authorized, in the exercise of their discretion, upon the application of any corporation or person in the city of Baltimore that the said board may deem responsible, to appoint suitable persons as special police officers to serve without pay from the said city or the State of Maryland, and the Corporation or person applying for an appointment under this Act shall be liable for the official misconduct of the officer appointed on such application, as for the torts of any servant or agent in the employ of such corporation or person. Every special officer appointed under the provisions of this Act shall serve for not more than one year, and shall enforce the laws and ordinances of the said State and city, in and about any park, public grounds, place of amusement, place of public worship, wharf, manufactory or other locality in the city of Baltimore specified in the application, and shall have power to preserve the public peace, prevent crime, arrest offenders and protect the rights of persons and property in and about such locality and premises as fully as a regular police officer of Baltimore city. A record of such appointments shall be kept in the office of the said board, and any appointments so made may be revoked by the said board at any time, and the form of badge to be worn by such special officer shall be prescribed by the said Board of Police Commissioners.

1908, ch. 309.

409. Any corporation not chartered by the laws of this State, which shall transact business therein, shall be deemed to hold and exercise franchises wiithin this State, and shall be liable to suit in any of the courts of this State on any dealings or transactions therein and also shall be liable to suit in any of the courts of this State, or any controversy which may arise between such corporation and any resident of this State.

ARTICLE XXVI.

Costs.

1908, ch. 510.

10. When in any action or proceeding at law or in equity or in any proceeding before an Orphans' Court a bond is required to be filed and the surety upon such bond so filed is a surety company authorized by the laws of this State to qualify upon such bonds, then the party entitled to recover or be allowed his costs in said action or proceeding at law or in equity or in any proceeding before an Orphans' Court may have included as his costs such reasonable sum as may have been paid by him to such surety company for executing such bond or any renewal thereof or substitution for the same, during the continuance of the trusts; and all executors, administrators, trustees, receivers, committees, guardians or other fiduciaries who file such bonds shall be entitled to collect the reasonable costs of the premium or premiums thereon and be allowed the same from the funds and assets in their hands.

ARTICLE XXVII.

CRIMES AND PUNISHMENTS.

Fraud--Bills of Lading.

1888, art. 27, sec. 87. 1876, ch. 262, sec. 5.

118. No person or corporation, or agent or officer of any person or corporation in this State shall issue any bill of lading, receipt, acknowledgment or voucher whatsoever, for goods, chattels or commodities of any kind, to be transported on land or water, or on both, or any receipt, acceptance of an order or other voucher for goods, chattels or commodities, as on storage or deposit in this State, until and unless the whole

of said goods, chattels and commodities shall have been actually received to be transported by such person or corporation in the one case, or shall be actually in the possession or custody or upon the premises, or under the absolute and exclusive control of such person or corporation, in the other case, at the time when such instrument shall be issued; and any principal person or corporation, or any agent or officer whatsoever, of any person or corporation wilfully violating the provisions or any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine of not less than one thousand nor more than five thousand dollars, in the discretion of the court.

State v. Bryant, 63 Md. 66.

Fraud-Breach of Trust, Bills of Lading, Elevator or Warehouse Receipts.

1890, ch. 399, sec. 87A.

119. If any person or persons shall on his or their own behalf, or shall for or on behalf of any other person or persons, or shall for or on behalf of any firm, copartnership or corporation, receive, accept or take in trust from any person, persons, firm, copartnership or corporation any warehouse receipt or elevator receipt, or bill of lading or any document giving or purporting to give title to or the right to possession of any goods, wares, merchandise or other personal property of any kind, under or subject to any written contract or agreement expressing the terms and condition of such trust; and if such person or persons so receiving any warehouse receipt or elevator receipt, bill of lading or any document giving or purporting to give title to or the right to possession of any goods, wares or merchandise or other personal property of any kind shall, in violation of good faith, fail, neglect or refuse to perform or fulfill the terms and conditions of such trust as expressed in such written contract or agreement, then and in every such case such person or persons so failing, neglecting or refusing to perform or fulfill the terms and conditions of such trust shall, on being convicted thereof, be imprisoned in the penitentiary for a term not more than ten years nor less

« PreviousContinue »