[Art. 15] MISCELLANEOUS 145

Assuming a county treasurer received fees, etc, in excess of $3, 000 and the expenses
of his office, and did not pay such excess over, a taxpayer may not sue at law to
recover such excess Schneider v Yellott, 124 Md 94

Generally.

The state's attorney being one of the officials to which this section is applicable,
no act of assembly can limit the amount of fees which a state's attorney may receive
to any sum less than $3, 000, the general assembly may, however, make no provision
for any fees (to the state's attorney) in cases before justices of the peace The act
of 1894, ch 213, providing that the total compensation of the state's attorney for
Dorchester county, including all fees should not amount to more than 81, 200 per year,
held invalid Goldsborough v Lloyd 86 Md 376

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 com-
missions 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 portion
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)

Cited in construing Art 25, Sec 22 of Code Talbot Co v Carroll, 172 Md 388

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

See notes to art 3, sec 52, of 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adoption of the Constitution shall, until superseded under its provisions,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been adopted, and when said Courts shall be so superseded, all causes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Courts, by which they may be respectively superseded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, see 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 m office at the time the Constitution of
1867 went into effect continued in office until a new appointment was made in ac-
cordance 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 Constitu-
tion 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 appellant a con-
stable, such appointment was valid, and the mayor and city council elected under
the Constitution of 1867 (in effect October 5, 1867) had no power m November, 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 Constitution of 1864
continued m 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 m 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 preserve
the officers holding under the old government until their successors were appointed
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 t; 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