160 CONSTITUTION OF MARYLAND.

This section referred to in deciding that a clerk who deposits in bank until it is
paid over, money of the state collected for licenses and from other sources, is liable
for interest received thereon from the banks. Vansant v. State, 96 Md. 124.

A register of wills is not entitled to retain as extra compensation the commission
which is allowed by law on the amount of taxes on collateral inheritances and on
commissions of executors and administrators. Banks v. State, 60 Md. 307; Green v.
State, 122 Md. 292.

This section (as it stood in the Constitution of 1851) was designed to fix the rate of
compensation of the officers mentioned at a maximum of $3, 000, and a ratable por-
tion thereof according to the period during which the office was held; and to require
such officers to pay the excess into the treasury. Picking v. State, 26 Md. 502.

This article referred to in construing art. 4, sec. 11, and art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 636 (concurring opinion).

See art. 69, An. Code, and notes to art. 3, sec. 45, and art. 5, sec. 9, Md. Constitution.

Sec. 2. The several Courts existing in this State at the time of the
adoption of the Constitution shall, until superseded under its provisions,
continue with like powers and jurisdiction, and in the exercise thereof,
both at Law and in Equity, in all respects, as if this Constitution had not
been adopted; and when said Courts shall be so superseded, all causes
then depending in said Courts shall pass into the jurisdiction of the several
Courts, by which they may be respectively superseded.

This section referred to in construing art. 15, sec. 3, and art. 4, sec. 42—see notes
to the former. Smith v. Thursby, 28 Md. 257.

See art. 4 of the Md. Constitution and notes to art. 4, sec. 20.

Sec. 3. The Governor and all officers, civil and military, now holding
office under this State, whether by election or appointment, shall continue
to hold, exercise and discharge the duties of their offices (unless inconsis-
tent with or otherwise provided in this Constitution), until they shall be
superseded under its provisions, and until their successors shall be duly
qualified.

Under this section, a constable who was in office at the time the Constitution of
1867 went into effect continued in office until a new appointment was. made in
accordance with the new Constitution; such new appointment might be made by
the mayor and city council of Baltimore in office at time of the adoption of the
Constitution of 1867. Hence where the mayor and city council which was in office
under the Constitution of 1864, on the 8th day of October, 1867, appointed the appel-
lant a constable, such appointment was valid, and the mayor and city council elected
under the Constitution of 1867 (in effect October 5, 1867) had no power in Novem-
ber, 1867, to appoint the appellee in appellant's place. How the Constitution should
be construed. Effect of adoption of the Constitution of 1867. Provisions of Consti-
tution of 1864 continued in force by Constitution of 1867. Smith v. Thursby, 28 Md.
255 (cf, dissenting opinions). Cf. State v. Manly, 1 Md. 135.

This section as it stood in the Constitution of 1864, was intended to preserve
the machinery of the government in the change from one Constitution to another;
its operation was not to suspend the authority of the new Constitution, but to pre-
serve the officers holding under the old government until their successors were ap-
pointed under the new—see notes to art. 4, sec. 5. Magruder v. Swann, 25 Md. 213.

In view of this section (as it stood in the Constitution of 1851—see art. 10 sec. 8,
thereof), there was no necessity for permitting an officer to enter upon his duties
before the legislature passed an act relative to his qualification. Thomas v. Owens,
4 Md. 216. And see Robb v. Carter, 65 Md. 334.

This section (as it stood in the Constitution of 1851) was construed to give the
judges power to hold the county courts, through the state, and the Baltimore city
court, until the election of new judges. This section construed in connection with
art. 8, sec. 1, of the Constitution of 1851. State v. Manly, 1 Md. 140.

This section referred to in construing art. 4, sec. 11, and art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 633 (concurring opinion).

See notes to art. 4, sec. 42; art. 2, sec. 11; art. 6, sec. 1, and art. 7, sec. 3.