STREETS.

1864-, c. 163 s. 853 repeals and re-enacts the same as follows:

NOTES—1801 c 40 relating to closing bar-rooms unrepealed by above act, Is incorporated
in said net, with modifications, as section 318 thereat 1861, c b, relating to the constabular
and judiciary power of the board over negroes and mulattoes is also unrepealed by 1867,
c. 367, but was tendered obsolete by 1865, c. 186, relating to negroes.

1867. c 117 provides for the liquidation and settlement of arrearages of pay, due to the
officers and men of the police force appointed and organized under act of 1800 c 7.

It was held, under the nets of 1800, c 7, 1862, c. 111 and 1862, c 131, relating to the former
Board of Police that, as a board of state officers, possesing the power, among others, to ,
make disbursements, they could not be disturbed or then power suspended, except by
the Legislature, and the disbursement of a portion of the fund for the payment of the salary
of one of the board, was a legal exercise of their official duty A check given to one of the
board, and accepted by him in payment of his salary, must be held to be a legal appropria-
tion and disbursement. excluding to that extent the board from any farther control over
the amount thus appropriated. Though displaced by a force to which they yielded and could
not resist, their powers and rights under their organization were still preserved and they
were amenable for any dereliction of official duty, except in so far as they were excused by
uncontrollable events They were a board of state officers, strictly within the jurisdiction of
the state authorities, and the courts in determining their rights and obligations, have no
other guide than the statute law of the state applicable to the case and the parties presenting
the appeal Mayor, &c, of Balt v. Howard et al. 20 Md. '335. The validity and constitution-
ality of the act of 1861 c 7 by which the Board of Police was created, was determined in
Mayor, &c, Balt v State ex rel. of the Board of Police of Balt 15 Md. 376.

1864, c 163 Corporation may compel owners of pro- perty binding on Jones' Falls to build trails

853. The mayor and city council of Baltimore may, whenever they deem it necessary, compel any individuals, companies, or bodies politic owning property binding on Jones' falls, within the limits of the city, to wall up such property, so far as the same may bind on the falls, with a good and suffi- cient stone wall, to such height as in their judg- ment the public good may require, and to have the same backed up or filled in with earth, so as to secure the same and the adjacent property from danger of being inundated with water; and the said mayor and city council may, whenever they deem it necessary, compel any individuals, com- panies or bodies politic to rebuild or repair, in a good and sufficient manner, any stone wall owned