290 CITY OF BALTIMORE.' [ART. 4.

1868, c. 375 repeals section 623 and substitutes the following therefor:

1868, c. 375. Befoie whom summons may be made re- turnable and case tried.

623. Every summons issued by said justices shall be made returnable before the same, or any justice of the peace of the ward in which the debtor may reside, and the defendant shall have his election to have his cause tried before the justice who issued the summons, or before the justice of the ward in which he resides. In force and approved March 30, 1868. CONSTABLES.

1868, c. 468 recites that whereas the present mayor and city council of Baltimore,
elected under the present constitution of the state of Maryland, did, in or about the
month of November, eighteen hundred and sixty-seven, appoint certain constables
for the city of Baltimore; and whereas the court of appeals of Maryland has since
decided, in the case of William P. Smith et al. vs. Robert A. Thursby, that the said
mayor and city council of Baltimore had not the right at that time to make said
appointments, and that therefore said appointments were irregular and illegal; and
whereas said constables, prior to the rendition of said decision by the said court of
appeals of Maryland, had entered upon and discharged the duties of constables in
said city; wherefore it is deemed expedient, in order to save trouble, inconvenience
and litigation, to pass an act making valid the official acts of said constables done
by them pending said decision, therefore it enacts, that all the official acts of the
constables aforesaid, done by them prior to the date of the rendition of the aforesaid
decision, be, end the same are hereby made legal and valid in all respects, as if the
said constables had been legally qualified and authorized to perform such official
acts at the time said acts and each of them were performed.

ORPHANS' COURT.

1863, c. 20 amends and re-enacts section 805 as follows:

1868 c. 20. Pay of bailiff

805. The bailiff of said orphans' court shall receive four dollars a day for each days' attendance upon said court. In force and approved February 18, 1868.