98

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR:

Dec. Ses. 1824

out favor partiality or prejudice, such person as governor or mem-
bers of the council as they in their judgment and conscience be-
lieve best qualified for the office," be, and the same is hereby re-
pealed.

Confirmato-
ry clause.

2. 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 election, as the constitution and form of govern-
ment directs, in such case this act and the alteration in the said
constitution contained therein, shall be considered as a part, and
shall constitute and be valid as a part of the said constitution and
form of government to all intents and purposes, any thing therein
contained to the contrary notwithstanding.

Passed Feb.
22, 1825.

CHAPTER 130.

An act to repeal an act entitled, An act to provide for the appointment of
Commissioners for the regulation and improvement of the Town of Cum-
berland in Allegany county, and to incorporate, the same; together with
the supplements thereto, and for other purposes.

Former act
repealed.

Sec. 1. Be it enacted by the General Assembly of Maryland,
That the act entitled, An Act to provide for the appointment of
commissioners for the regulation and improvement of the town of
Cumberland in Allegany county, and to incorporate the same; and
the several acts supplementary thereto, be, and the same are here-
by repealed.

Proceedings
against per-
sons for dri-
ving or riding
over pave-
ments.

2. And be it enacted, That it shall not be lawful for any person
to drive any carriage, wagon, or vehicle of any description, or to
ride or drive any horse upon or over the paved footways of the said
town of Cumberland; and any person driving any carriage, wagon
or other vehicle, or riding, or driving any horse over such foot-
ways, shall forfeit and pay the sum of two dollars for every such
offence; and it shall be, and is hereby made the duty of any con-
stable of the Cumberland hundred, in whose view any offence
against the provisions of this act shall be committed, to arrest the
person driving such carriage, wagon or other vehicle, or riding or
driving any horse over such footways, and to carry such offender
before some justice of the peace, resident within said town, who
upon proof made of the commission of such offence by the oath
of the constable or other creditable person, shall give judgment
for said fine and costs in the name of the state of Maryland, against
such offender, upon which judgment there shall be no supersedeas;
and on which, if not paid, an execution shall be issued immedi-
ately by said justice, returnable before himself or some other jus-
tice of the peace, resident in said town, and named in such ex-
ecution, and directed to some constable of the Cumberland Hun-
dred, whose duty it shall be to serve and execute the same, and to
pay over the fine and costs to the justice before whom the said
execution is returnable, and the costs to the officers entitled to the
same; and it shall be the duty of the justice receiving such fine to
pay the same over to the levy court of Allegany county, for the
use of said county.

Duty of Jus-
tice of the
peace.

3. And be it enacted, That it shall be the duty of any justice
of the peace, resident within the town of Cumberland; and any-
such justice is hereby authorized and required upon proof made