WM. PRESTON LANE, JR., GOVERNOR. 1949

Commission of Tidewater Fisheries. In a measure, its opera-
tion would be impractical if the latter reorganization is not
carried out, and in addition to this it is opposed by the other
commissions dealing with natural resources on the ground
that it would impair the independence and initiative of the
departments over which a Director of the Board of Natural
Resources would have directory, supervisory and coordinative
power.

Under the circumstances, and because I believe to do so will
in the long run prove beneficial in the ultimate solution of the
problem of rehabilitating the oyster industry in Maryland,
I have vetoed Senate Bill No. 429 and the companion measure,
Senate Bill No. 430.

NON-RESIDENTS

HOUSE BILL No. 194

AN ACT to repeal and re-enact, with amendments, Section
149 of Article 16 of the Annotated Code of Maryland (1939
Edition), title "Chancery", sub-title "Non-residents", pro-
viding that non-resident service acknowledgments may be
made before officers other than notaries public.

Under existing law, an order of publication against a non-
resident, or a person who may be proceeded against as a non-
resident, instead of being published, may be served upon the
defendant. If such service is made other than by a Sheriff,
the affidavit or affirmation of the person serving such order of
publication shall be made and signed before a Notary Public
and so verified.

House Bill No. 194 provides that the person, other than a
Sheriff, making such service shall make oath or affirmation
before a Notary Public "or any other officer who has authority
to take acknowledgments under the law of the jurisdiction
where the notice is served". Thus, the person making the cer-
tification that the order of publication was served by another
may be an officer without a seal, and, in that event, it may be
difficult, if not impossible, to ascertain if the person making
the certification is authorized under the law of a foreign State
to do so. He may have no authority at all to make the certifi-
cation. As there is no requirement in House Bill No. 194 that
evidence of official character be given, opportunity for making
fraudulent returns would exist.

As the office of Notary Public is quite widely used through-
out the United States, and the acts of those officers are gen-
erally attested by their seals, which are prima facie evidence
of official character, there seems to be little reason for depart-