80 LAWS OF MARYLAND. [CH. 41

holding said examination, and in case no eligible list results,
the Commissioner shall repeat such call and continue to hold
examinations until an eligible list results. If necessary to
prevent the stoppage of public business, but not otherwise,
the Commissioner may authorize a temporary appointment as
prescribed in Section 11, of this Article.

The list of eligibles for each class of positions in the classi-
fied service shall be made up first of names of persons who
have previously held positions in such class and who were laid
off in good standing under Section 16 of this Article, and then
of names of persons in the order of merit, who have been ex-
amined by the Commissioner and found qualified.

The Commissioner shall divide all classes of positions into
two groups known respectively as "active" and "inactive"
and shall by schedule, made a part of his rules, indicate which
classes fall into each group, and shall revise such schedules
annually. All classes in which at least three vacancies are
anticipated during the ensuing year shall be placed in the
active group and examinations for such classes shall be held
whenever there are fewer than five names left on the eligible
list. All other classes shall be placed in the inactive group,
and examinations for such classes shall be held only when
there is no eligible list and vacancies occur.

9. Examinations held by the Commissioner to establish
lists of persons eligible for appointment may be written or
oral or in the form of a demonstration of skill or any combina-
tion of these and shall be of a character fairly to test and de-
termine the relative fitness and ability of candidates actually
to perform the duties of the class of positions to which they
seek to be appointed. Any investigation of training and ex-
perience and any test of technical knowledge, manual skill
or physical fitness that in the judgment of the Commissioner
serves to this end may be employed. Examinations shall be
competitive, free and open to all persons who may be lawfully
appointed to any position within the class for which the ex-
amination is held, with such limitations as may be specified
in the rules of the Commissioner as to age, sex. health, habits,
moral character, physical condition, and other qualifications
that are in the judgment of the Commissioner prerequisite to
the performance of the duties of such positions; provided,
however, that the Commissioner may, from time to time, pro-
vide for general rules exempting from competitive examina-