JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER,

1802

him, his heirs and assigns, for ever: And whereas it is represented by the petition aforesaid, that
part of the estate of the aforesaid Wheeler consisted of about one hundred and thirty acres of land,
lying on the side of the north-west fork of Nanticoke river; and that the last will and testament of
said Wheeler was signed by only two witnesses, and of coarse invalid as to the real property; and
that the testator himself was an illegitimate, of course could have no heir, and that the aforesaid
land, .(in consequence of the defects of his said will and illegitimacy,) has become escheat to the
state; and the same appearing to be true, therefore,

CHAP.
LXIV,

II. BE IT ENACTED, by the General Assembly of Maryland That all the right, title, interest, claim
and demand whatever, of this state, of, in and to, any lands, tenements or hereditaments, of which
the said John Wheeler died seized, or to which he was any way entitled at the time of his death, be
and the same is hereby vested in Elizabeth Dukes, and Hanson her son, of Dorchester county, in
the same manner as is prescribed by the last will and testament of the aforesaid John Wheeler; pro-
viced, that nothing in this act contained shall in any manner interfere with or defeat the right of
any third person or persons to the aforesaid land, lawfully acquired before the passage of this act.

CHAP. LXV.

Right, &c.
vested, &c.

A Supplement to an act, entitled, An act to appoint commissioners
to examine, survey and lay out, the road therein mentioned.

Passed 8th of
January, 1803,

WHEREAS it appears by the act to which this is a supplement, that there is no provision made
for the payment of the expences attending the execution of the said act; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That the justices of the levy court of
Baltimore county be and they are hereby authorised and directed to pay, out of the monies coll eel ed
for the making the turnpike roads in said county at their next annual session, a sufficient sum of
money to satisfy and defray all the just claims that may arise from the execution of said act.

Justices to pay
&c.

III. AND BE IT ENACTED, That in case any one or more of the commissioners named in the act
to which this is a supplement should neglect or refuse to act, that the levy court aforesaid is hereby
authorised and empowered to nominate and appoint any other person or persons to act as commis-
sioner or commissioners to fill such vacancy, as they may think proper.

CHAP. LXVL

How vacancies
are to be filled.

A Further supplement to the act, entitled, An act to regulate elec-
tions.

Passed 8th of
January, 1803.

WHEREAS by an act passed at November session, eighteen hundred and one, entitled, An act
to alter such parts of the constitution and form of government as relate to voters, and the
qualifications of voters, and confirmed at the present session of assembly, a change has been made
in the manner of voting from viva voce to that of voting by ballot, and it is necessary to make pro-
visions by law to carry into effect such change; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland That it shall be the duty of the respec-
tive sheriffs of the several counties of this state, under "the penalty of five hundred dollars, to pro-
vide for, and cause to be delivered to, the judge or judges of the election in each district, previous
to or at the commencement of each election, a box for receiving the ballots, and two separate books
for the purpose of entering the voters names.

Sheriffs to pro-
vide a box, &c.

III. AND BE IT ENACTED, That the next election of representatives of this state in the congress
of the United States shall be held on the first Monday of October next, and that the next election
thereof shall be held on the first Monday of October, eighteen hundred and four, and on the same
day biennially for ever thereafter, any law to the contrary notwithstanding.

When election
are to be held.

IV. AND BE IT ENACTED, That the elections for delegates to the general- assembly, for. electors
of the senate, for sheriffs, for representatives of this state in the congress of the United States, and
for electors on the part of this state to elect the president and vice-president of the United States,
and each and every of them, shall commence at nine o'clock in the morning of the respective days
of eiedtion, and shall continue without adjournment, and be closed at seven o'clock in the evening
of the same clay, and no ballot shall be taken at any such election before the said hour of nine o'clock
in the morning, nor after the said hour of seven o'clock in the evening; and every voter qualified by
law

To commence
at nine o'clock,
&c.