18

is not lawful cause of detainer. [See Conner vs. The Com-
monwealth, 3 Binney, 38.]

It is due to the Sheriff to say that if the warrant had been '
regularly issaed, I should be compelled to say, from the evi-
dence before me, that the charge is wholly unsupported and
without probable cause.

By the 816th section of the police law it is made "the duty
of the sheriff, whenever called on for that purpose by the
board, to act under their control for the preservation of the
public peace and quiet, and if ordered by them to do so, he
shall summon the posse comtatus for that purpose, and hold
and employ such posse subject to their direction," and for dis-
obedience he is subject to a penalty of five thousand dollars.
The sheriff was bound to decide, at his peril, as to the right-
ful power and authority of Young and Valiant to issue the
order to him, and in my judgment he acted in the discharge
of his duty in obeying it; and there being no evidence that
in executing the order he was engaged in any riot or unlaw-
ful assembly, he cannot be held to answer.

There being no lawful cause shown for the detainer of the
petitioner, Thomson, I will sign an order for his discharge.—
And will also, under the 11th section of the 43d article of the
code, sign an order for the discharge of Young and Valiant,
upon their entering into recognizance to appear and answer
in the proper court.

After the decision of the Judge had been rendered, and the
commissioners had entered into their own recognizance in the
sum of five thousand dollars each, on the charge of conspira-
cy, they were discharged, and at once proceeded to their of-
fice, No. 1 North street, when they addressed the following
communication to the Mayor :

To the Honorable John Lee Chapman, Mayor of Baltimore.

SIR : Having again entered, and, on this occasion, under
judicial sanction upon the performance of our duties as Com-
missioners of the Board of Police of the city of Baltimore,
you are hereby notified that a meeting of the Board will be
held at their present office, at No. 1 North street, in said
city, this afternoon at five o'clock, at which you are respect-
fully invited to attend as a member of the Board ex-officio.

Very respectfully,

JAMES YOUNG,

WM. THOS. VALIANT.

Baltimore; November 13, 1866.

The Mayor not appearing at the time named, the following
proceedings were had:

Present—James Young, William Thomas Valiant.
On motion, James Young was elected as President.
On motion—