ART. VII] SUNDRY OFFICERS. 101

pensaticn, powers and duties, shall be such as are now or may be here-
after prescribed by Law.

[Sec. 1. County Commissioners shall be elected on general ticket
of each county by the qualified voters of the several counties of the State.
on.the Tuesday next after the first Monday in the month of November,
commencing in the year eighteen hundred and ninety-one; their number
in each coiinty, their compensation, powers and duties shall be such as
now or may be hereafter prescribed by law; they shall be elected at
such times, in such numbers and for such periods not exceeding six
years, as may be prescribed by law.]*

Where the appellants were in office as county commissioners of Anne
Arundel county under the act of 1892, chapter 442, and while their terms
were still unexpired, the act of 1901, chapter 13, was passed repealing the
act of 1892, and providing for an election in November, 1901, which
resulted in the election of the appellees, the appellees were held by the
lower court to be entitled to the office; since the court of appeals was
equally divided on the question, the judgment of the lower court was
affirmed. Mandamus. Brown v. Brooke, 95 Md. 738.

The amendment proposed by the act of 1890, chapter 255, held to be con-
stitutional and to have been validly adopted; an act proposing an amend-
ment to the constitution need not be set out verbatim on the journals.
Although the amendment to this section was not proclaimed until Decem-
ber, 1891, and by its terms an election was directed to be held in Novem-
ber, 1891, county commissioners elected in November. 1891, were subject
to the provisions of this section as amended—see note to article 14, section
1. Worman v. Hagan, 78 Md. 162.

There is no doubt that the legislature may pass laws not in conflict
with the constitution changing the powers and duties of county com-
missioners. This section referred to in deciding that the control of the
courthouse vested by article 25, section 1, of the Annotated Code, in the
county commissioners, could not be given to the court crier—see notes to
article 8 of the declaration of rights. Prince George's County v. Mitchell,
97 Md. 336.

Article 7, section 8, of the constitution of 1851, and the act of 1853,
chapter 239, held to repeal the act of 1847, chapter 327, giving the charge
of the courthouse of Washington county to the clerk of said county, and
to give the county commissioners charge thereof. Washington County v.
Nesbitt, 6 Md. 471.

For a case dealing with this section as it stood in the constitution of
1851, but no longer applicable by reason of changes in this section, see
Board of Commissioners, etc.. v. Allegany County, 20 Md. 457.

This section referred to in construing article 3, section 34—see notes
thereto. Bonsai v. Yellott, 100 Md. 500.
See article 25 of the Annotated Code.

Sec. 2. The qualified voters of "each County, and of the City of
Baltimore shall, on the Tuesday next after the first Monday in the
month of November, in the year eighteen hundred and sixty-seven, and
on the same day in every second year thereafter, elect a Surveyor for
each County and the City of Baltimore, respectively, whose term of
office shall commence on the first Monday of January next ensuing
their election, and whose duties and compensation shall be the same as
are now or may hereafter be prescribed by law. And any vacancy in

*Thus amended by act of 1890, chapter 255, and adopted by vote of people
November 3, 1891.