CORPORATIONS. 799

Police.

An. Code, sec. 406. 1904, sec. 402. 1888, sec. 288. 1880, ch. 460, sec. 221. 1906, ch. 769.

338. Corporations owning or using any railroad, steamboat, canal,
furnace, colliery or rolling mill in this State, may jointly or severally
apply to the governor to commission such persons as the said corporation
or corporations may designate to act as policemen for the protection of the
property of said corporation or corporations, and for the preservation of
peace and good order on their respective premises, railroad trains or steam-
boats, providing that such policemen must be citizens of the State of
Maryland.1

A steamboat or railroad company is liable for an unauthorized arrest made by a
policeman appointed under this section, if such arrest was made for the purpose of
protecting property or of recovering it back; contra, if arrest is made for the pur-
pose of punishing person arrested, unless arrest is previously authorized or subse-
quently ratified. In other words, the liability of the company depends upon
whether the policeman was acting at the time as an employee of company, within
scope of his employment, or as an officer of the state. Case properly submitted to
the jury. B., C. & A. Ry. Co. v. Ennalls, 108 Md. 78; B. & O. R. R. Co. v. Strube,
111 Md. 126; Tolchester Co. v. Scharnagl, 105 Md. 210; B. & 0. R. R. Co. v. Deck,
102 Md. 669; Tolchester Co. v. Steinmeier, 72 Md. 315.

An. Code, sec. 407. 1904, sec. 403. 1888, sec. 289. 1880, ch. 460, sec. 222.

339. The governor, upon such application, may, if he thinks it proper
so to do, appoint such persons, or so many of them as he may deem proper,
to be such policemen; and shall issue to each person so appointed a com-
mission, and shall transmit such commission to such clerk's office in the
State as may, by such corporation or corporations, be designated, and he
may revoke and annul any such appointments at his pleasure.
See notes to 'sec. 338.

An. Code, sec. 408. 1904, sec. 404. 1888, sec. 290. 1880, ch. 460, sec. 223.

340. Every policeman so appointed shall, before entering upon the
duties of his office, take and subscribe before a justice of the peace of the
county or city in which his commission may be received, the oath or affir-
mation prescribed by the fourth section of the first article of the constitu-
tion, which oath or affirmation shall be recorded in the clerk's office of such
county or city; and every such policeman so appointed, after the recording
of the oath or affirmation to be by him taken as aforesaid, shall possess and
exercise in the counties and cities in which the railroads, canals, collieries,
furnaces, rolling-mills and premises of the corporation for which he may
have been appointed are respectively situated all the authority and powers
held and exercised by constables at common law and under the statutes of
this State, and also all the authority and powers conferred by law on
policemen in the city of Baltimore.
See notes to sec. 338.

1 By the act of 1906, ch. 471, the board of police commissioners of Baltimore city was
authorized to appoint special policemen upon the application of any corporation or
person in the city of Baltimore.