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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1053   View pdf image (33K)
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ART. 41] GREAT SEAL——APPROVAL OF BILLS. 1053

1904, art. 41, sec. 1. 1888, art. 41, sec. 1. 1860, art. 42, sec. 1. 1853, ch. 131, sec. 1.

1884, ch. 78.

1. The great seal of the State of Maryland shall be in the custody-
of the secretary of the state, but the governor shall have the control
and use thereof whenever necessary for any purpose provided for by
the constitution and laws or when needed to authenticate communica-
tions between this State and the United States, the States and terri-
tories thereof, and foreign States; in all which cases the great seal shall
be used; and the secretary of the senate and the chief clerk of the house-
of delegates, respectively, shall have unrestricted access to and use of
the great seal, for the purpose of affixing the same to bills which shall
have passed the general assembly as required by the constitution, pre-
paratory to presenting the same to the governor for his approval; every
bill, when passed by the general assembly, shall be returned to the
house in which the same originated, and shall, as soon thereafter as
practicable, be sealed with the great seal by the secretary of the senate
or chief clerk of the house of delegates, as the case may be, and presented
to the governor for his approval; and in his presence such clerical officer
having custody of the same shall make on the back of every such bill a
memorandum in writing of the day and hour when the same was pre-
sented to the governor for his approval; and such officer so presenting
the same shall sign his name to such memorandum, and shall make a
corresponding entry upon the journal of the house in which the same
originated; in case of the sickness or necessary absence of the governor
from the seat of government of the State, during the sesssion of the
general assembly, it shall be lawful for the governor to designate some
person or persons to act for him in receiving bills presented for his
approval; which designation shall be in writing addressed to the pre-
siding officers of the two houses of the general assembly, respectively,
and the same, when so received, shall be entered at length upon the

journal of each house; all bills passed by the general assembly and
sealed with the great seal which shall be presented as aforesaid to the
person or persons so designated by the governor, and during the period
for which he or they were so designated, shall be held and considered
as presented to the governor for his approval within the meaning of the
constitution of the State.

The record of the official acts of the executive department kept by the
secretary of state may be used to show that a bill endorsed as having been
presented to the governor on a certain day, was presented on a different day.
Where a bill is passed and sealed as directed,it may be presented to the
governor and signed after the close of the session of the legislature, provided'
the governor signs within six days from the time the bill is presented. Lank-
ford v. Somerset County, 73 Md. 105.

The act of 1853, ch. 131, places the great seal in the custody of the gov-
ernor, who alone can authorize its use, and he is required to verify by his
signature every document to which it may be affixed. The secretary of state
has no control over the great seal. Harwood v. Marshall, 9 Md. 102.

If a bill is presented to the governor without the great seal, he may refuse
to consider it. Hamilton v. State, 61 Md. 27.

Ibid. sec. 2. 1888, art. 41, sec. 2. 1860, art. 42, sec. 2. 1853. ch. 131, sec. 2.

2. The governor shall not affix the great seal to any document with-
out accompanying it with his signature; nor shall he permit any paper

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1053   View pdf image (33K)
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