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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1726   View pdf image (33K)
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1726 ARTICLE 41

in case of the sickness or necessary absence of the governor from the seat of
government of the State, during the session of the general assembly, it shall
be lawful for the governor to designate some person or persons to act for him
in receiving bills presented for his approval; which designation shall be in
writing addressed to the presiding officers of the two houses of the general
assembly, respectively, and the same, when so received, shall be entered at
length upon the journal of each house; all bills passed by the general assem-
bly and sealed with the great seal which shall be presented as aforesaid to
the person or persons so designated by the governor, and during the period
for which he or they were so designated, shall be held and considered as
presented to the governor for his approval within the meaning of the con-
stitution of the State.

Words "as soon thereafter as practicable" as used in this section relative to presenta-
tion of bills to the Governor, are of a relative and dependent character to be con-
trolled more or less by circumstances and do not furnish a definite and fixed rule.
See notes to art. 2, sec. 17, and art. 3, sec. 30, of the Md. Constitution. Johnson v.
Luers, 129 Md. 526.

The record of official acts of executive department kept by secretary of state may
be used to show that a bill endorsed as having been presented to the Governor on
a certain day, was presented on a different day. Where a bill is passed and sealed,
as directed, it may be presented to Governor and signed after close of session of legis-
lature, provided Governor signs within six days from the time bill is presented. Lank-
ford v. Somerset County, 73 Md. 105.

Act of 1853, ch. 131, places the great seal in the custody of Governor, who alone can
authorize its use, and he is required to verify by his signature every document to
which it may be affixed. Secretary of state has no control over great seal. Harwood v.
Marshall, 9 Md. 102.

If a bill is presented to Governor without the great seal, he may refuse to consider it.
Hamilton v. State, 61 Md. 27.

An. Code, 1924, sec. 16. 1912, sec. 2. 1904, sec,2. 1888, sec. 2. 1853, ch. 131, sec. 2.

43. The governor shall not affix the great seal to any document without
accompanying it with his signature; nor shall he permit any paper issuing
from his department to be sealed therewith without affixing his signature
thereto.

An. Code, 1924, sec. 17. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1853, ch. 21.

44. The governor, on the presentation to him of a patent by the com-
missioner of the land office, certified by said commissioner as proper to be
issued, shall be authorized to sign such patent and cause the great seal to
be affixed thereto.

See art. 54, sec. 43.

An. Code, 1924, sec. 18. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1853, ch. 54.

45. The governor is authorized on application to affix the great seal to
copies of laws and resolutions, certified by the clerk of the court of appeals
under his seal to be true copies.

An. Code, 1924, sec. 19. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1795, ch. 82, sec. 1.

46. The governor is authorized and required whenever sentence of
death is pronounced on any criminal by the judgment of a court of this
State to issue a warrant to the sheriff of the county or city who ought by
law to execute such judgment, ordering and directing the sheriff to execute
said judgment at such time as in his warrant he shall appoint.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1726   View pdf image (33K)
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