218 LAWS OF MARYLAND. [CH. 96

44. All the officials of said city, charged with disbursing,
safekeeping or performing any acts touching the taxes or other
revenues of said city now due, or that may hereafter become
due, shall be liable for any and all branches of duty touching
the same, as are the state and county officials, in regard to like
services and acts, and may be proceeded against, criminally
and civilly, in the same way.

45. The Mayor and City Council shall have the power to re-
move any officer for incompetency, inefficiency, corruption, mal-
conduct, malfeasance or nonfeasance in office, or such other
causes as may be prescribed by ordinance, after due notice in
writing, and opportunity to be heard in his defense, under the
rules and regulations hereinafter set forth. That whenever
charges are preferred in writing under oath, and filed with the
Mayor, by any person, against such officer, for any or all of the
offenses named or provided for as above, it shall be his duty to
have the accused duly served with a copy of such charges, and
shall set a day to inquire into the truth of such charges, and shall
notify the accused and any other members of said City Coun-

cil, and the witnesses for and against the accused, to be present,
and the said Mayor and City Council shall constitute a court

to try and determine said ease, and are hereby invested with
exclusive jurisdiction to hear and determine said charges, and
may continue the investigation from day to day, upon proper
showing, to enable the accused or prosecutor to get material
evidence before said City Council. The accused shall have
the right to be heard in person or by counsel, and the said
Mayor and City Council shall likewise be represented by
counsel, if they desire it. Upon the conclusion of the investi-
gation and argument of the cause a vote shall be taken on each
charge and specification, and if a majority of all the members
of the said Mayor and City Council vote to sustain either of
the charges against the accused, said Mayor and City Council
shall enter, or cause to be entered, its judgment, in which shall
be recorded the vote of each member of the City Council upon
the several charges and specifications, and an order shall be
entered removing the accused from his office, and declaring
the same vacant, but if the vote is otherwise, the accused shall
be declared "not guilty" and judgment entered accordingly.

46. The preceding section shall not apply to any officers of
the City of Cumberland who are subject to Civil Service rules
as set out in Section 37 of this Act. except the Chief of the Fire