126 CONSTITUTION OF MARYLAND [Art. Y]

in such numbers and for such periods not exceeding six years, as may
be prescribed by law. ¹

Where the appellants were in office as county commissioners of Anne Arundel county
under tie act of 1892, ch. 442, and while their terms were still unexpired, the act of
1901, ch. 13, was passed repealing the act of 1892, and providing for an election in
November, 1901, which resulted in the election of 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, ch. 255, held to be constitutional and
to have been validly adopted; an act proposing an amendment to the Constitution need
not be set out verbatim on the journals. Although the amendment to this section
was not proclaimed until December, 1891, and by its terms an election was directed
to be held in November, 1891, county commissioners elected in November, 1891,
were subject to the provisions of this section as amended—see note to art. 14, sec. 1.
Worman v. Hagan 78 Md. 162.

There is no doubt that the legislature may pass laws not in conflict with the Con-
stitution changing the powers and duties of county commissioners. This section referred
to in deciding that the control of the courthouse vested by art. 25, sec. 1, of the An.
Code, in the county commissioners, could not be given to the court crier—see notes to
art. 8 of the Declaration of Rights. Prince George's County v. Mitchell, 97 Md. 336.

Art. 7, sec. 8, of the Constitution of 1851, and the act of 1853, ch. 239, held to repeal
the act of 1847, ch. 327, giving the charge of the courthouse of Washington county to
the clerk of said county, and to give the county commissioners charge thereof. Wash-
ington 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For a case dealing with this section as it stood in the Constitution of 1851, but no
longer applicable by reason of changes in this section, see Board of Commissioners,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 art. 3, sec. 34—see notes thereto. Bonsai v.
Yellott, 100 Md. 500.

This section referred to in construing art. 17 of Constitution—see notes to sec. 1
thereof. Benson v. Mellor, 152 Md. 483.

This section referred to in authorizing County Commissioners of Montgomery Co.
to license and regulate graveyards in the county. Gordon v. Montgomery County,
164 Md. 213.

Cited but not construed in Fulker v. County Commissioners, 156 Md. 410.

See art. 25 of the An. 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 the office of Surveyor shall be filled by the
Commissioners of the Counties, or by the Mayor and City Council of Balti-
more, respectively, for the residue of the term.
See art. 91 of the An. Code.

Sec. 3. The State Librarian shall be appointed by the Governor, by and
with the advice and consent of the Senate, and shall hold his office during
the term of the Governor, by whom he shall have been appointed, and
until his successor shall be appointed and qualified. His salary shall be
fifteen hundred dollars a year; and he shall perform such duties as are
now, or may hereafter be prescribed by Law; and no appropriation shall
be made by law to pay for any clerk, or assistant to the Librarian. And it
shall be the duty of the Legislature, at its first session after the adoption
of this Constitution, to pass a Law regulating the mode and manner in
which the books in the Library shall be kept and accounted for by the
Librarian, and requiring the Librarian to give a bond, in such penalty as
the Legislature may prescribe, for the proper discharge of his duties.

¹Thus amended by act of 1890, ch. 255, adopted November 3, 1891.