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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 124   View pdf image (33K)
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124 CONSTITUTION OF MARYLAND [Art. 6]

which the moneys of the State, may, from time to time, be deposited. Pie
shall prescribe the formalities of the transfer of stock, or other evidence of
the State debt, and countersign the same, without which such evidence shall
not be valid; he shall make to the General Assembly full reports of all
his proceedings, and of the state of the Treasury Department within ten
days after the commencement of each Session; and perform such other
duties as shall be prescribed by law. 1

The provisions of ch. 356, 1937 (art. 89B, sec. 155 et seq. ), providing for the collec-
tion and disbursement of tolls for payment of interest and principal of bonds issued
for construction of bridges, do not violate the provisions of this section and Sec. 3.
Wyatt v. State Roads Comm., 175 Md. 258.

The act of 1841, ch. 23, sec. 48—see art. 81, sec. 66, of the An. Code—making the
account and certificate of the state treasurer evidence to establish the amounts due
the state by tax collectors, held to be still in force and to be applicable to the comp-
troller who was charged by this section (as it stood in the Constitution of 1851) with
the duties which the treasurer had performed; the act of 1841, and this section, are
in pari materia. Billingsley v. State, 14 Md. 376.

Under this section and the following one (as they stood in the Constitution of 1851),
it was the duty of the treasurer to disburse the public monies on the warrant of
the comptroller and not otherwise; and the duty of adjusting and settling all public
accounts is imposed upon the comptroller. If payment of the comptroller's salary is
refused, mandamus lies. Thomas v. Owens, 4 Md. 219.

This section referred to—see notes to art. 15, sec. 1, of the Constitution. Schneider v
Yellott, 124 Md. 97.

Sec. 3. The Treasurer shall receive the moneys of the State, and, until
otherwise prescribed by law, deposit them, as soon as received, to the
credit of the State, in such bank or banks as he may, from time to time,
with the approval of the Governor, select (the said bank or banks giving
security, satisfactory to the Governor, for the safekeeping and forthcoming,
when required of said deposits), and he or such of his deputies as may
be authorized to do so by the Legislature shall disburse the same for the
purposes of the State according to law, upon warrants drawn by the
Comptroller, or his duly authorized deputy, and on checks countersigned
by the Comptroller, or his duly authorized deputy, and not otherwise. The
Treasurer or such of his deputies as may be authorized to do so by the
Legislature shall take receipts for all moneys paid from the Treasury
Department; and receipt for moneys received by him shall be endorsed
upon warrants signed by the Comptroller, or such deputy as may be
authorized to do so by law, without which warrants, so signed, no acknowl-
edgment of money received into the Treasury shall be valid; and upon
warrants issued by the Comptroller, or his duly authorized deputy, the
Treasurer shall make arrangements for the payment of the interest of
the public debt, and for the purchase thereof, on account of the sinking
fund. Every bond, certificate, or other evidence of the debt of the State
shall be signed by the Treasurer, and countersigned by the Comptroller;
and no new certificate or other evidence intended to replace another shall
be issued until the old one shall be delivered to the Treasurer, and author-
ity executed in due form for the transfer of the same filed in his office, and
the transfer accordingly made on the books thereof, and the certificate or
other evidence cancelled; but the Legislature may make provisions for the
loss of certificates, or other evidences of the debt; and may prescribe, by
law, the manner in which the Treasurer shall receive and keep the moneys

of the State. 1

This section referred to in construing sec. 9 of art. 11 of the Code. Public Indemnity
Co. v. Page, 161 Md. 247.

This section referred to in construing art. 90, sec. 8. Banking Co. v. Fid. & Dep. Co.,
165 Md. 672.

1 Thus amended by Act of 1929, ch. 133, and ratified Nov. 1930.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 124   View pdf image (33K)
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