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1876.] OF THE HOUSE OF DELEGATES. 457
TREASURY DEPARTMENT,
COMPTROLLER'S OFFICE,
Annapolis, February, 23d 1876.
Hon. Lewis C. Smith,
Speaker cf the House of Delegates:
Sir:—I beg; leave to submit to the House of Delegates the
following opinion of the Attorney General, upon question
submitted by me to him for his opinion in writing, under
Art. 5, Sec 3, of the Constitution, which opinion may pro-
perly be considered as supplementary to the communication;
addressed by me to the House of Delegates on the 16th
inst.
Very respectfully,
Your ob't. serv't
BARNES COMPTON,
Treasurer.
BALTIMORE, February 19, 1876.
Hon. Barnes Compton, Treasurer.
Sir:—Under the authority vested in you by Article 5, Sec-
tion 3, of the Constitution, you require me to give you an
opinion in writing upon the following questions now depend-
ing before you.
First. As to the extent of your power to select a Bank itt
which to deposit the hinds of the 8tate to its credit.
Second. Whether, if a National Bank is selected for such
purpose, it can execute a valid bond for the sale keeping and
forthcoming of said deposits when required.
Third. Whether any President, or other officer of said
National Bank, being otherwise a sufficient surety, is dis-
qualified, because of his relation to said Bank, from becoming
a surety on such bond.
Fourth. Whether, by reason of anything contained in
Section 5202, of Title 62, chapter 3, of the Revised Statutes
of the United States, such a bond would be invalid, even if
the amount secured by it, or the amount of the penalty of the
bond, it added to the general liabilities of such Bank, was in
excess of the amount of the capital stock of Maid Bank actu-
ally paid in and remaining undiminished by losses.
As to the First Point.—You have the right, with the ap-
proval of the Governor, to select a Bank in which to deposit
the moneys of the State to its credit; but the Governor
must approve the security given by such Bank tor the safe-
keeping and forthcoming of said deposit.
As to the Second Point.—Every National Bank has author-
ity to receive deposits. In receiving deposits, made in the
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