ROBERT BOWIE, ESQJJIRE, GOVERNOR. NOVEMBER.

1804

osed and exercised by the general court; and the said court of appeals hereby established shall sit on
the western and eastern shores for transacting and determining the business of the respective shores, at
such times and places as the future legislature of this state shall direct and appoint, and any three of the
said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said
court; and the judge who has given a decision in any case in the county court, shall withdraw from
the bench upon the deciding of the same case before the court of appeals; and the judges of the court
of appeals may appoint the clerks of said court for the western and eastern shores respectively, who
shall hold their appointments during good behaviour, removable only for misbehaviour on conviction
in a court of law; and in case of death, resignation, disqualification, or removal out of the state, or
from their respective shores, of either of the said clerks in the vacation of the said court, the go-
vernor, with the advice of the council, may appoint and commission a fit and proper person to such
vacant office, to hold the same until the next meeting of the said court; and all laws passed after this
ad shall take effect, shall be recorded in the office of the court of appeals of the western shore.

CHAP.
LV.

VI. AND BE IT ENACTED, That all and every part of the constitution and form of government
which relates to the court of appeals and the general court, or the judges thereof, or that is in any
manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby re-
pealed, abrogated and annulled, upon the confirmation hereof; provided, that nothing herein con-
tained shall be construed so as to authorise the removal of the clerks of the respective county courts,
being in commission at the time of the passing of this act, in any other mode or manner than that
prescribed by the constitution and form of government.

Part of the con-
stitution repeat-
ed, &c.

VII. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and form of
government directs, that in such case this act, and the alterations and amendments of the constitu-
tion and form of government therein contained, shall be taken and considered, and shall constitute
and be valid, as a part of the said constitution and form of government, to all intents and purposes,
any thing in the said constitution and form of government to the contrary notwithstanding.

C H A P. LVI.

If confirmed, to
be a part of the
constitution

An ACT for opening and extending a certain street in the city of
Baltimore.

Passed Janua-
ry 12, 1805.

WHEREAS it is represented to this general assembly, by a number of the inhabitants of the
city of Baltimore, that their convenience would be very materially promoted by the opening
and extending a street in the said eity running from Green-street to High-street; and the said re-
presentation appearing just, therefore,

Preamble

II. BE IT ENACTED, by the General Assembly of Maryland, That the city commissioners be and they
are hereby empowered to open and extend a street in the city of Baltimore, commencing at the in-
tersection of Green and North-streets, and continuing the same course of North-street until it in-
tersects High-street, passing the same by a sugar-house lately erected by Messieurs Tool and Shutt ;
and the said street, when so opened and extended, and the valuation and assessment herein after
directed to be made shall have taken place, shall be deemed and taken, and is hereby declared, to be
a public street and highway for ever thereafter; and the said commissioners are hereby required to
return a plot ascertaining the limits and extent of the said street, when so extended and opened, to
the register of the city of Baltimore, who shall receive and file the same as part of the plot of the
city of Baltimore.

A street to be
opened, &c.

III. AND BE IT ENACTED, That the sheriff of Baltimore county, after having given at least ten
days notice in one of the news-papers of the city of Baltimore, shall, at any time before the first
Monday of May next, summon twelve freeholders, inhabitants of the said city, net interested in the
premises, who being first sworn to assess and value what damages shall be sustained by any person
or persons whomsoever, by reason of the opening and extending the aforesaid street, (taking all
benefits and inconveniencies into consideration,) shall proceed to assess and value what damages may
be sustained by any person or persons whomsoever, by opening and extending the said street, and
shall also declare what sum of money each individual benefitted thereby shall respectively contribute
and pay towards compensating the person or persons injured by opening and extending the said
street; and the names of the person or persons, and the sums of money which they shall respectively
be obliged to pay, shall be returned, under their hands and seals, to the register aforesaid of the said
city, to be filed and kept in his office; and the person or persons benefitted by the opening of said
street, and assessed as aforesaid, shall respectively pay the sura or sums of money so charged and

Sheriff to sum-
mon freehold-
ers, &c.