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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 50   View pdf image (33K)
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50 CONSTITUTION OF MARYLAND. [ART. III

School Commissioners, 113 Md. 307; Whiteley v. Baltimore, 113 Md. 545;
Mt. Vernon Co. v. Frankfort Co., 111 Md. 566; Nutwell v. Anne Arundel
County, 110 Md. 670; Kingan Assn. v. Lloyd, 110 Md. 624; Somerset County
v. Pocomoke Bridge Co., 109 Md. 3; Himmel v. Eieheugreen. 107 Md. 613;
Jeffers v. Annapolis. 107 Md. 273; State v. Cumberland, etc.. R. R. Co.. 105
Md. 482; Fout v. Frederick County, 105 Md. 563; Christmas v. Warfield,
105 Md. 541: Baltimore v. Flack, 104 Md. 114; State v. German Savings
Bank, 103 Md. 200; Queen Anne's County v. Talbot County, 99 Md. 17;
Kafka v. Wilkinson, 99 Md. 240; Price v. Liquor License Commissioners,
98 Md. 351; Mealey v. Hagerstown, 92 Md. 743; Stevens v. State, 89 Md.
675; Phinney v. Sheppard Hospital, 88 Md. 636; State v. Schultz Co., S3
Md. 61; Drennen v. Banks, 80 Md. 316; Scharf v. Tasker, 73 Md. 383;
Catholic Cathedral v. Manning, 72 Md. 132; State v. Norris, 70 Md. 95;
Maryland Agricultural College v. Keating, 58 Md. 584; Baltimore v. Reitz,
50 Md. 579; Dorchester County v. Meekins, 50 Md. 40; Davis v. State, 7
Md. 160.

Section 8 of the act of 1906, chapter 401, held not to impose upon street
railway companies whose charters required them only to repair the streets
between their tracks, the obligatiou to repave such streets between the
tracks, since there was no indication in the title of said act that such a
provision was contained in the act, or that the companies' charters were to
be amended. United Rwys. & Elec. Co. v. Baltimore, 121 Md. 557.

The first clause of this section is directory and not mandatory; hence
an act, the title of which is "An Act—————Telegraph Companies, etc."
(describing the subject of the act), and then proceeding, "Be It Enacted
by the People of the State of Maryland Represented in the General
Assembly," is valid. Postal Telegraph Co. v. State., 130 Md. 608; Prince

George's County v. B. & O. R. Co., 113 Md. 182; McPherson v. Leonard, 29
Md. 386 (cf. dissenting opinion) ; Levin v. Hewes, 118 Md. 635. And see
Maxwell v. State, 40 Md. 301 (dissenting opinion).

The portion of this section providing that an act shall be divided into
articles and sections, is directory and not mandatory. Anderson v. Baker,
23 Md. 585 and 570; Dorchester County v. Meekins, 50 Md. 45.

This section will be liberally construed to effectuate and not to destroy
the legislative will. The portion of this section directing public general
laws to be enacted in articles and sections in the same manner as the

code is arranged, held to have been substantially complied with. Hardesty

v. Taft, 23 Md. 525.

The portion of this section (as it stood in the constitution of 1864)
providing that "No law, etc., shall be revived, amended or repealed by
reference to its title or section only," held not to defeat the repeal of a
pre-existing law by the implication resulting from a subsequent incon-
sistent or contradictory enactment. Purpose of the above portion of this
section. Davis v. State, 7 Md. 158.

Under this section and the legislative practice, where the repealing law

contains a substantial re-enactment of the previous law, the operation

of the latter continues uninterrupted. This principle applied to the act
of 1900, chapter 207, repealing and re-enacting the act of 1888, chapter
395, which in turn repealed and re-enacted the act of 1884, chapter 485,
all dealing with the redemption of ground rents. Swan v. Kemp, 97 Md.
691.

This section referred to in stating that where the meaning of an act is

doubtful, its title may be referred to. Maxwell v. State, 40 Md. 306 (dis-
senting opinion).

Cited but not construed in Foote v. Claggett, 116 Md. 232; B. & O. R. R.
Co. v. Waters, 105 Md. 416; Prince George's County v. Laurel, 70 Md. 445.

Sec.. 30. Every bill, when passed by the General Assembly, and
sealed with the Great Seal, shall be presented to the Governor, who, if
he approves it, shall sign the same in the presence of the presiding
officers and chief clerks of the Senate and House of Delegates. Every
law shall be recorded in the office of the Court of Appeals, and in due

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 50   View pdf image (33K)
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