J. MILLARD TAWES, Governor 157
SEC 44. And be it further enacted, That Sections 3 and 5 of
Article 69 of the Code, title "Officers", be and it is hereby repealed
and re-enacted, with amendments, to read as follows:
3.
Whenever the Governor shall be apprised that a commission has
been inadvertently issued to any one, he shall cause the State's
attorney of the county or of the City of Baltimore to sue out of the
Circuit court for the said county, or from the Superior Court of
Baltimore City, Court of Common Pleas or Baltimore City court,
a writ of [quo warranto] mandamus directed to the person pro-
fessing to hold the office mentioned in the commission so im-
providently issued to inquire into the right whereby such office is
so held; and if it shall appear on the trial that at the time of the
election or appointment of such person he had not accounted with
and paid into the treasury of the State any money which he should
have accounted for and paid into the treasury before such election
or appointment, then the court shall adjudge said election or ap-
pointment to have been null and void from the beginning and the
office to be vacant.
5.
The writ of [quo warranto] mandamus shall be deemed and
taken as sufficient for the institution, prosecution and decision of
the inquiry herein authorized and commanded.
SEC. 45. And be it further enacted, That sub-section (c) of
Section 39 of Article 73B of the Code, title "Pensions", sub-title
"Social Security Benefits", be and it is hereby repealed and re-
enacted, with amendments, to read as follows:
39 (c) Any political subdivision which shall feel aggrieved by
the decision or action of the State Agency may appeal from such
decision or action of said State Agency [within 30 days from such
decision or action, ] to the circuit court of the county in which its
principal office is located, or if located in Baltimore City, to the
Superior Court of Baltimore City, for the purpose of having the
decision or action of the State Agency reviewed. An appeal may
be taken from the decision of the circuit court or the superior
court to the Court of Appeals by any party to the proceeding [in
the same manner as other appeals are taken from decrees or
orders of said court. An appeal shall act as a stay]. The State
Agency may stay its action pending the determination of the appeal.
SEC. 46. And be it further enacted, That Section 17 of Article
75 of the Code, title "Pleadings", Practice and Process At Law",
sub-title "III. Practice", sub-heading "Arbitration and Award", be
and it is hereby repealed and that a new Section 17 be and it is hereby
enacted in lieu thereof, to stand in the place of the Section repealed
and to read as follows:
17.
An award may be vacated only where the court finds, pursuant
to the provision of the Maryland Rules, that (1) the award was
procured by fraud, corruption or other improper means or (2) the
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