LAWS OF MARYLAND.— 1T86.

237

property shall be executed, alleging that the whole sum, or any
part thereof for which such execution shall have been made, is
not due for public dues or taxes, such commissioner may, by
writing, order that the sale of these goods shall be suspended
for any time not exceeding ten days, and appoint a day and
place for the person executing the said property to make appear
his claim before the commissioners of the tax for such county;
and the said commissioners may and shall adjudge and deter-
mine the sum due for which execution may rightfully be made,
beyond which no sale shall be made of the goods in such case;
and the commissioners may, in case the distress shall appear to
them excessive, order such part of the goods as they may think
proper and just, to be immediately released, and may order
either party to pay the costs, and the expenses of the commis-
sioners sitting, as justice may require, and may enforce a com-
pliance with their order by process as aforesaid.

CHAPTER 22.

AN ACT to vest certain powers in the Governor and Council.
WHEREAS, the military and many of the civil officers of this
state, hold their commissions during the will and pleasure of the
governor and council, and may be suspended or removed by the
governor and council on just grounds of complaint : And

Preamble.

whereas by an act* enabling the governor and council to deter-
mine the validity of elections for sheriffs, the governor and
council are made judges in certain instances of the validity of
said elections, but neither the constitution in the first case, nor
the said act in the other case, invest the said governor and
council with the power to summon witnesses, and enforce their
attendance, without which the subject of complaint in either
case cannot be fully and properly investigated ;

*1777, ch.
19.

SEC. 2. Be it enacted by the General Assembly of Maryland,
That the governor and council, or any three or more of them,
be and are hereby empowered to issue summonses on com-
plaints aforesaid for witnesses, and to enforce the same, or to
direct depositions to be taken in like manner as the general
court is authorized and empowered ; and in all cases of com-
plain t, the party complained against shall have a copy of the
complaint, and notice of the time when the governor and coun-
cil shall inquire into and examine the same, and if the party on
receiving such copy and notice will not attend, the governor
and council may, in his absence, proceed to the inquiry and
examination.

Governor
may issue
summonses,
&c.

SEC. 3. And be it enacted. That the costs and expenses on
controverted elections be paid by such party as the governor
and council, or any three or more of them, shall adjudge to pay
on consideration of the circumstances of the case, and the costs

And order
costs to be
paid, &c.