The judicial system of colonial Maryland was modeled on English precedents adapted to the provincial needs. Within a few years of the settlement of Maryland in 1634, a court had begun to hear cases in St. Mary’s City. Later, as separate county courts came into existence, this court in the provincial capital became known as the Provincial Court. Eventually, as the business of the Provincial Court increased, other judicial bodies were evolved, including the Chancery Court to hear equity cases and the Prerogative Court to handle probate matters. Decisions appealed from these courts were at first heard by the governor and council and after 1694 by the Court of Appeals.¹

The exact date of establishment of a separate county court in St. Mary’s County is impossible to determine, because the early local records of the county are not extant. During the first years of settlement the court that sat in St. Mary’s City, which became the Provincial Court, handled all judicial matters, because most people that constituted the white population of Maryland lived nearby. The first mention of St. Mary’s as a county is not found until 1637, and not until 1644 is there a record of justices of the peace being appointed specifically for the county. Periodically after 1644 the governor commissioned justices for the county court who held office at his pleasure. The number of county justices appointed at any one time varied from three to nineteen. Some appointees were designated justices of the quorum, meaning that at least one of them had to be present in order to hold court. After 1733, members of the governor’s council were included in the commissions for all county courts.²

Independence from England and the establishent of a state government initially brought few changes to the system of county courts in Maryland except that thereafter justices were appointed by the governor and council to serve during good behavior. In 1790 the General Assembly passed a law dividing the State into five judicial districts, with the first district being composed of Calvert, Charles, Prince George’s, and St. Mary’s counties. Under this law the county court was composed of a chief judge appointed for the district and two associate judges appointed from each county. Justices of the peace were no longer members of the county court. A reorganization of the judicial system in 1806 divided the state into six judicial districts, with Charles, Prince George’s, and St. Mary’s counties constituting the first district. The governor and council appointed a chief judge and two associate judges for each district.³

The office of county clerk was established in 1644 to assist in the operation of the county court. The clerk maintained the records of cases heard by the court, issued writs and warrants, and recorded documents required by law to be filed with the county court. During the colonial period, county clerks were appointed by the governor for indefinite terms. Under the Constitution of 1776, county clerks were appointed by the county justices, and after 1790, they were appointed by the judges of the county court for a term of good behavior. A constitutional amendment that took effect in 1838 gave the governor the authority to appoint the clerks for seven-year terms of office.⁴

As the Maryland judicial structure evolved into separate courts, the jurisdiction of each became more defined. The county courts handled three types of cases—-criminal, civil, and equity. Criminal

proceedings involved actions committed or omitted in violation of the law. Civil actions dealt with the recovery of private rights or compensation for their infraction, such as nonpayment of debts or damages caused to persons or property. Equity cases involved matters requiring an equitable solution, such as estate settlements, title to land, and divorce.

In regard to criminal cases, the Provincial Court and the county courts at first held concurrent jurisdiction, except that the latter could not try persons charged with crimes punishable by loss of limb or life until 1773. Then the General Assembly authorized concurrent power to try offenses regardless of the sentence. This law remained in effect when the General Court replaced the Provincial Court in 1776. In 1791 concurrent jurisdiction was restricted to cases involving treason, murder, felony, and insurrection. Only the county courts or justices of the peace could hear lesser charges. Beginning in 1802, the General Court could accept jurisdiction in criminal proceedings only on a writ of habeas corpus or if a fair trial could not be obtained in a county court. After 1806, when the General Court was abolished, the county courts heard all felonies and some misdemeanors.⁵ Misdemeanors were also handled by justices of the peace and, in St. Mary’s County from 1836-1842, by the district court, the decisions of which could be applied to the county court.

As with criminal cases, the Provincial Court and the county courts at first held concurrent jurisdiction in civil cases, except that the latter could not hear actions where the amount involved exceeded 3,000 pounds of tobacco. In 1694, the civil jurisdiction of the county courts was expanded to include amounts at dispute up to 10,000 pounds

of tobacco or #50 sterling. A law passed in 1709 gave the county courts exclusive jurisdiction in cases where the debt or damage claimed was less than 5,000 pounds of tobacco or #20 sterling, with a right of appeal to the Provincial Court. A 1773 statute increased the amount for exclusive jurisdiction in the county courts to 30,000 pounds of tobacco or #100 sterling. These guidelines remained in effect in 1776, when the General Court replaced the Provincial Court. Original jurisdiction of the General Court, however, was restricted to cases involving amounts over #100 current money in 1786 and over #400 current money in 1802. After 1806, when the General Court was abolished, the county courts handled all such cases.⁶

Beginning in 1777 justices of the peace, sitting alone, had concurrent civil jurisdiction with the county courts in cases where debts or damages did not exceed #5 common money, with right of appeal to the county courts. The limit for such concurrent jurisdiction was increased to #10 current money in 1787 and to $50 in 1810. This jurisdictional limitation on cases that would be heard by justices of the peace remained at $50, except for the period 1836 to 1842 in St. Mary’s County, when the district court possessed exclusive jurisdiction in civil cases where values were less than $100. ⁷

The Provincial Court exercised exclusive jurisdiction over equity proceedings until 1669. Thereafter and until 1715 all equity cases were heard by the Chancery Court. In 1715 the county courts were given exclusive jurisdiction over cases where the value in dispute was under 1,200 pounds of tobacco or #5 sterling. In 1763 the county courts were granted concurrent jurisdiction with the Chancery Court in cases involving less than 5,000 pounds of tobacco or #20 sterling. All cases

—in which a greater amount was in dispute were heard in the Chancery Court. The maximum amount for concurrent jurisdiction with the county courts was raised in 1792 to 10,000 pounds of tobacco or #100 current money. In 1815 all jurisdictional limitations were removed and litigants could institute equity proceedings in either the Chancery Court or a county court. One type of equity case, divorce, was not initially handled by any court. Until 1842 only the General Assembly could grant a divorce. Thereafter, the Chancery Court, county courts, and General Assembly held concurrent jurisdiction.⁸

Besides judicial responsibilities, the county courts performed other functions assigned to them by law. In regard to orphans, the county courts appointed and supervised their guardians or bound the children out as apprentices. The register of wills and orphans court took over the former duty in 1777 and the latter in 1794. ⁹ In addition, until 1795 each county court served as the administrative agency of county government. It adjusted and paid expenses chargeable to the county, set the tax rate to meet these costs, and supervised maintenance of roads, courthouse, and jail. In 1795 the newly—created county levy courts assumed most of these responsibilities. The St. Mary’s County Court, however, retained authority to divide the county into road districts until 1802 and to process petitions for private rights of way until 1835. In the period of 1817 to 1851, petitions for public roads in St. Mary’s County could be handled by the General Assembly, the county court, or the levy court and its successor, the board of county commissioners. 10

In addition to hearing cases, the county courts were also involved in the selection of juries. Each court required the services of two

jury panels, whose members were chosen from among the taxpayers and voters of the county. The grand jury inquired into offenses against state laws and decided whether an accused person should be indicted. It also investigated and reported on other matters of public concern, such as the condition of the county jail or the public road system. The petit jury tried and determined issues in civil and criminal suits. As a means of regulating the legal profession, the judges of the county courts admitted attorneys to argue cases before it. 1 1

In 1779 the General Assembly enacted a law providing for the naturalization of foreigners who wished to become state citizens. Oaths of allegiance could be taken before the governor and council, the General Court, or a county court. Upon adoption of the U.S. Constitution in 1789, the federal government assumed responsibility for naturalizations. In 1790, however, federal law assigned the processing of applications to the local courts in each state. Thus, the county courts in Maryland continued to be involved in the naturalization process. 12

In addition to maintaining judicial records, the clerks of the county courts recorded other documents as required by law. These included instruments relating to real and personal property, charters, licenses, and the election and appointment of public officials. From the first settlement of Maryland, documents relating to the transfer of land were recorded by the clerk of the Provincial Court or by the clerk of the county court where the property was located. But not until 1663 did the recording of deeds become obligatory. In 1704 the General Assembly extended the law to include mortgages, leases over seven years in duration, and deeds of trust. 13

From 1776 until 1819, land records could be recorded in either a county court or in the General Court and after its abolition in 1806, the Court of Appeals. The statute was changed in 1819, and thereafter land records had to be recorded in the county court where the land was located. Although few did so, individuals could still have deeds and other documents recorded by the clerk of the Court of Appeals after 1819. As a security measure, a law passed in 1786 directed the clerks of the county courts to file abstracts of deeds with the clerk of the General Court, and with the clerk of the Court of Appeals after 1806. For St. Mary’s County this requirement proved especially important, because the courthouse was destroyed by fire in 1831. After the fire, individuals were encouraged to have deeds rerecorded, but the program was only partially successful.¹⁴

As with land records the recording of instruments relating to personal property, such as bills of sale and chattel mortgages, was not at first a legal requirement. When recording became mandatory in 1729, the law applied only to mortgages and deeds of trust. Because of statutes regulating slavery, many of the chattel records pertained to slaves and free blacks. Besides bills of sale, mortgages, and deeds of trust, the chattel records included manumissions of slaves, lists of slaves brought from out of state, which were required after 1792, and certificates of freedom issued by the county clerk to free blacks, which commenced in 1806.15

Before 1851 the county clerks had few responsibilities with regard to incorporation records. Under terms of an 1803 law, churches were required to file charters and amendments with the county clerks, but all other organizations obtained charters from the General Assemly.¹⁶

Under the terms of a law passed in 1777, no person could marry in Maryland without obtaining a license from the county clerk or having banns published. The clerks maintained records of marriage licenses, but not of marriage banns. 18

During the seventeenth and eighteenth centuries, the county justices and the sheriff acted as election judges. A law passed in 1800 provided that the judges of the county court annually appoint three election judges for each election district in the county, a responsibility assumed by the levy court in 1802. Following an election, the election judges filed returns with the county clerks who forwarded copies to the appropriate state and county officials. The clerks also maintained records of gubernatorial commissions issued to elected and appointed officials and of their surety bonds and oaths of office. 19

The Constitution of 1851 reorganized the judiciary of Maryland and in the process changed the name of the St. Mary’s County Court to the

Records of the St. Mary’s County Court at the Hall of Records:

(Appeal Docket), 1840—1851

(Appeal Papers), 1827—1849

(Certificates of Freedom), 1806-1851

(Clerk’s Fee Book), 1816—1850

(Commission Papers), 1813—1851

(Commissions and Bonds), 1818-1851

(Commissions of Justices of the Peace), 1815—1851

(Correspondence), 1790

(Criminal Papers), 1817—1851

(Decree Record), 1848—1851

(Docket), 1795-1851

(Equity Docket), 1830—1851

(Equity Papers), 1815-1851

(Exhibits), 1815—1847

(Grand Jury Papers), 1831-1848

(Insolvency Papers), 1831—1851

(Judgment Papers), 1809—1851

(Judgment Record), 1807—1843

(Judicial Papers), 1800—1851

(Jury Papers), 1829—1851

(Land Commissions), 1804—1819

(Land Record Papers), 1788-1850

(Land Records), 1781—1851

(Land Records, General Index), 1827—1851

(License Papers), 1818—1849

(Magistrates Judgments), 1837—1842

(Marriage Licenses), 1794—1851

(Military Pension Papers), 1829-1835

(Minutes), 1795—1851

(Naturalization Papers), 1833—1850

(Petition Docket), 1811—1851

(Recognizance Papers), 1829—1851

(Supersedeas Docket), 1800

(Transcripts of Judgments), 1820—1824

The Constitution of 1851 established the county clerk as an elective office, with the incumbent serving a term of six years. The term of office of county clerk was reduced to four years in 1926. Vacancies in the office of county clerk are filled by the judges of the circuit court, with the appointee holding office until the next

Under the Constitution of 1851, the circuit courts retained the same criminal jurisdiction as was held by the former county courts. Periodically thereafter justices of the peace acquired increasing responsibilities over misdemeanors, including violations of motor vehicle laws and municipal ordinances, and in the conduct of preliminary hearings in felony cases. Trial magistrates and district court judges, which were established in 1939 and 1971 respectively and which ultimately supersceded the justices of the peace, handled a few felonies. If a defendant demanded a jury trial, however, the case was automatically removed to the county circuit court, and lower court decisions could still be appealed to that court.²²

when the federal district courts acquired expanded authority over bankruptcies filed by individuals.

With regard to equity proceedings, the Constitiution of 1851 made two important changes. The Chancery Court was abolished, and the General Assembly was prohibited from granting divorces. Thereafter,

the circuit courts alone possessed equity jurisdiction.²⁴

Other judicial functions assumed by the new circuit courts included jury selection, admission of attorneys, naturalizations, and impanelment of grand and petit juries. Admission of attorneys to the bar came under control of the State Board of Law Examiners in 1898. The St. Mary’s County Circuit Court continued to process applications for naturalization until 1918, when under provisions of a 1906 federal law the judges elected to delegate this activity to the federal courts and the U.S. Bureau of Naturalization.²⁵

1916 law, and loans secured by crops and farm machinery by laws passed in 1933 and 1935.26

Before 1852, only the General Assembly could approve charters for incorporating businesses and other organizations, except churches. As a result of several general corporation statutes enacted between 1852 and 1868, charters and charter amendments were filed with the clerk of the county or Baltimore City in which the main office of the corporation was located. Under a 1908 law, these documents were first recorded by the State Tax Commissioner—-now the Department of Assessments and Taxation-—and then by the clerk. The same procedure is following today. 27

registration of births and deaths. Persons having knowledge of these events were required to file the information with the county clerks. Without a means of enforcement, however, the law proved ineffective and few records were created. In 1898, the registration of vital statistics was placed under the control of the State Board of Health, which collected the required information from county health officers. ³⁰

Although laws, rules, and regulations are revised periodically, the circuit courts continue to fulfill traditional judicial and record—keeping functions.

Records of the St. Mary’s County Circuit Court at the Hall of

Records:

(Docket), 1852

(Election Returns), 1896—1932

(Equity Docket), 1851—1880

(Equity Papers), 1852-1873

(Exhibits), 1852—1858

(Federal Farm Credit Lien Record), 1941—1964

(Financing Statements), 1964—1978

(Grand Jury Papers), 1857-1922

(Insolvency Papers), 1853-1894

(Insolvency Docket), 1880—1897

(Judgment Papers), 1852-1913

(Judgment Record), 1864-1941

(Judicial Papers), 1852-1913

(Jury Papers), 1853-1905

(Land Record Papers), 1852-1934

(Land Records), 18511979

(Land Records, General Index), 1851—1948

(Land Records, Grantee Index), 1930-1962

(Land Records, Grantor Index), 1930-1962

(License Papers), 1853—1922

(License Record), 1891—1969

(Magistrates Judgments), 1869— 1952

(Marriage Certificates), 1859—193 3

(Marriage Licenses), 1851—1863

(Marriage Record), 1865-1960

(Mechanics Lien Record), 1892—1976

(Militia Enrollments), 1917

(Minutes), 1852—1949

(Mortgage Records), 1949—1977

(Naturalization Papers), 1853-1893

(Naturalization Record), 1908-1918

(Petition Docket), 1852—1949

(Plats), 1912—1919

(Receipts and Disbursements), 1948—1973

(Recognizance Papers), 1853—1897

(Register of Intended Voters), 1902—1958

(Removal Record), 1901-1979

(Speedy Judgment Record), 1928—1947

(Stallion Lien Docket), 1904—1909

(Stallion Liens), 19104—1910

(Survey Record of Benjamin Tipett), 1841-1873

(Test Book for Election Officers), 18916—1914

(Transcripts of Judgments), 1864-1945

During the seventeenth and eighteenth centuries, judges of the county court were commonly called justices of the peace. As a body they sat as a court to hear and determine cases brought before it. In addition, any justice sitting alone could decide certain misdemeanor and small debt cases.

Reorganization of the judiciary in 1791 resulted in justices of the peace being removed from the county court, and thereafter they were considered a separate judicial entity. Until 1853 the governor possessed the authority both to determine the number of justices of the peace for each county and the power to annually appoint them. In general the number of justices in each county tended to increase; St. Mary’s County had twenty—nine justices in 1810 and fifty-seven in 1848. The Constitution of 1851 provided that beginning in 1853 justices were to be biennially elected by county residents. An 1852 law apportioned the number of justices for each election district, with St. Mary’s County receiving two each for Election Districts 1 and 5 and three each for Election Districts 2, 3, and 4. The Constitution of 1864 made justices of the peace appointive by the governor for two—year terms, a selection process that remained in effect until the office was abolished. The number of justices was frequently increased or decreased by the legislature. In St. Mary’s County they generally ranged from one to four in each election district.³³

Justices of the peace tried persons charged with misdemeanors in violation of state laws and town ordinances, and especially after the late nineteenth century conducted preliminary hearings in felony cases as well. In the twentieth century, the justices acquired jurisdiction

Judgments rendered by justices always could be appealed to the county court, or after 1851 to the county circuit court. In regard to record keeping practices, justices were not legally required to maintain dockets of proceedings until 1810. After 1815, a justice upon

leaving office was required to file his dockets and case papers with the county clerks in order to maintain a record of judicial actions. For the same reason defendants could have judgments handed down by

justices recorded by the county clerk.³⁵

In a statewide reorganization of the lower court system, the General Assembly in 1939 replaced the justices of peace with trial magistrates. 36

Records of St. Mary’s County Justices of the Peace at the Hall of

Records:

Prior to 1836, the judicial system below the county court level consisted solely of justices of the peace. In 1836 the General Assembly added an additional lower court tribunal, called the district court. A district court was established in each election district of a county. Thus, St. Mary’s County had five district courts. Each district court consisted of three justices of the peace. The justices were appointed annually by the governor, who designated one as the chief judge. The district court had concurrent jurisdiction with justices of the peace over criminal misdemeanors and in civil cases where the debt or claims for damages did not exceed $50. The district court had exclusive jurisdiction in civil cases where the amounts in dispute were between $50 and $100. Any district court decision could be appealed to the county court.³⁷

After only a six-year existence the district court was abolished in St. Mary’s County in 1842 and the local judicial system that existed before 1836 was reinstated.³⁸

Records of the St. Mary’s County District Court at the Hall of

Records:

The county coroner was principally responsible for the investigation of suspicious deaths, a function performed prior to 1666 by the county sheriff and thereafter by a coroner appointed by the governor. From the early nineteenth century, the governor commonly designated one of the county justices of the peace as coroner.³⁹

The county coroner, usually with the assistance of a jury, called witnesses, examined evidence, and thereby determined the cause of death, which findings were reported to the police authorities or to the county (later circuit) court. The office of county coroner was abolished in 1939, with its responsibilities assumed by the State Department of Post Mortem Examiners. ⁴⁰

Records of the St. Mary’s County Coroner at the Hall of Records:

The Constitution of 1776 and enabling legislation passed by the General Assembly in 1777 substantially altered the way the estates of deceased persons were probated in Maryland. During the colonial period, the central government maintained a highly centralized system of probate. At first the secretary of the province held jurisdiction in probate matters, and by 1670 he was also presiding over judicial hearings concerning estates. These judicial hearings eventually led to the formation of the Prerogative Court, the central provincial court for the settlement of estates.⁴¹

In 1672 the responsibility for all probate matters, both administrative and judicial, were removed from the provincial secretary and assigned to a new colonial official, the Commissary General. Because of the progressive dispersal of population away from the original center of population in St. Mary’s City, routine probate matters, such as probating wills and administering of oaths to executors, administrators, and appraisers, were often delegated to officeholders in the more distant counties. The General Assembly formally recognized this delegation of authority in 1692, when it authorized the Commissary General to appoint a Deputy Commissary for each county. Deputy Commissaries could also grant letters of administration and letters testhmentary, and after 1715 could approve uncontested accounts of estates worth less than #50 sterling. Estate papers processed by Deputy Commissaries were forwarded to the Prerogative Court for recordation. Some Deputy Commissaries maintained copies of probate records in the county as well, but if this was the case in St. Mary’s County the records have not survived. The few

extant St. Mary’s County records predating 1777 are transcripts of original Prerogative Court papers prepared pursuant to laws passed in 1779 and 1783.42

Laws passed in 1777 specified the duties and powers of the orphans court and register of wills. The orphans court assumed the former responsibilities of the Commissary General regarding the probate of wills, granting letters of administration and letters testamentary, superintending administration and distribution of estates, and resolving disputes. The court also was given jurisdiction over orphans

and the management of their estates by guardians, duties formerly performed by the county court. The register of wills assumed the responsibilities of the former Deputy Commissary for handling the routine probating of wills and granting of letters of administration, letters testamentary, and warrants to appraisers when the court was in recess. The register also recorded estate and guardianship papers and the proceedings of the orphans court. Gradually the register was given greater authority to administer the state testamentary law. In 1792 the register of wills was allowed to approve administration accounts where the value of the estate did not exceed #350. This monetary limitation was removed in 1817, and at the same time the register was given the power to examine claims against estates, accept inventories and accounts of sale, and approve accounts of guardians. All of the register’s actions were subject to review by the orphans court.⁴⁴

Besides giving more responsibilities to the register of wills, other changes that have occurred in Maryland’s testamentary law since the eighteenth century concern the disposition of real estate, imposition of taxes, administration of small estates, and record keeping practices. Executors authorized by wills to sell real estate were required after 1832 to report these sales to the orphans court for ratification. An 1865 law granted the orphans court concurrent jurisdiction with the circuit court to authorize and ratify sales of real property of intestates where the appraised value was $1,500 or less, an amount that was increased to $2,500 in 1866 and $15,000 in 1962. This limitation was repealed in 1970. In cases where real estate had to be sold to satisfy the debts of a decedent, an equity proceeding in the county (circuit) court remained necessary until 1970, at which time the orphans court was empowered to hear such petitions.⁴⁵

Distribution of land is governed by the will of the descendant. In the case of an intestate, distribution is determined by relationship of survivors to the deceased, with the order and proportion of entitlement being defined by law. Except as provided for in a will, the actual distribution of real estate to decendants was seldom recorded until 1970. Since then the executor or administrator has been required to execute and record with the county clerk a deed in order to pass title to heirs and legatees.⁴⁶

In 1845, during a time when the State of Maryland was in financial straits, the General Assembly imposed an inheritance tax on larger estates passing to anyone but lineal descendants. In order to more adequately adjudge estate values, an 1848 law required for the first time that real estate be appraised and that a copy of this inventory be filed with the register of wills. The law, however, applied only to estates where the real property was subject to the inheritance tax. In 1929 Maryland adopted an estate tax, which was based on a percentage of the federal estate tax. In 1935 this inheritance tax was extended to lineal descendants.⁴⁷

For the settlement of small estates, the General Assembly enacted a law in 1945 which laid out simplified procedures. A small estate was defined as one where the person died intestate leaving only personal property worth $500 or less. Settlements were handled through petitions, notices to creditors, certificates of payment, and court orders. The maximum amount to qualify as a small estate was increased to $1,000 in 1957, $5,000 in 1974, and $7,500 in 1978. The small estate law was made applicable in 1962 to estates disposed of by will. After 1970 a small estate could include land if the value of such

When the testamentary law was recodified in 1969, the system of record maintenance was simplified. Instead of recording each instrument in a separate book, the register of wills beginning in 1970 was required only to maintain a wills record, a release record, and a claims docket, with an administration proceedings book being used for recording other estate papers.⁴⁹ For a few years, however, the St. Mary’s County Register of Wills followed both the old and the new recordation systems.

During the colonial period, the county court supervised the management of property inherited by minor children. Guardians were required to post bond and file for approval annual accounts showing income and expenses. In 1777 this guardianship jurisdiction was transferred to the register of wills and orphans court. The county court had also supervised the apprenticeship of minors and heard disputes between masters and apprentices. In 1794 the register of wills and orphans court assumed responsibility for binding out children and recording indentures. A law passed in 1843 provided that the orphans court decide legal controversies concerning apprenticeships. The apprenticeship law was repealed in 1927.50

Between 1806 and the abolition of slavery in Maryland in 1864, the register of wills issued certificates of freedom to blacks who had been freed by their owners’ wills.⁵¹

Records of the St. Mary’s County Register of Wills at the Hall of

Records:

(Administration Accounts), 1674—1976

(Administration Bonds), 1799—1974

(Administration Proceedings), 1970-1977

(Annual Valuations), 1780—1919

(Cash Book), 1913-1931

(Certificates of Freedom), 1806-1852

(Citation Docket), 1813—1896

(Claims Docket), 1858—1956

(Commission Record), 1777—1834

(Condensation of Testamentary Laws), 1865

(Day Book), 1835—1850

(Distributions), 1782—1829

(Docket), 1777—1900

(Equity Docket), 1866—1895

(Estate Docket), 1808-1974

(Estate Papers), 1830—1951

(Exhibits), 1832—1840

(Fee Book), 1817—1888

(Guardian Accounts), 1787—1965

(Guardian Bonds), 1779—1973

(Guardian Docket), 1802—1897

(Indentures), 1794—1908

(Inventories), 1795—1972

(Inventories, Real), 1951—1975

(Joint Account Record), 1956-1972

(Notice to Creditors), 1965—1975

(Orphans Court Minutes), 1777—1801

(Orphans Court Proceedings), 1777-1964

(Petitions), 1786—188 1

The St. Mary’s County Levy Court was abolished by law in April 1839 and was replaced by the board of county commissioners.⁶¹

(Correspondence), 1827—1838

(Tax Papers), 1831—1838

An act of 1838 abolished the St. Mary’s County Levy Court and vested its functions in a board of county commissioners. The five members of the board, one from each election district, were elected by county residents in April 1839 and took office in the same month. The commissioners served until the election of October 1841; when new members were chosen for three—year terms, establishing a cycle that continued until the adoption of the Constitution of 1851. From November 1851 until November 1893, the five commissioners were elected on a general ticket for two—year terms. A law passed in 1892 divided the county into three commissioner districts and provided for staggered terms of office. Commissioner district 1 was composed of election districts 1, 2, 8, and 9; district 2 of election districts 3 and 6; and district 3 of election districts 4, 5, and 7. Beginning in November 1893 and every two years thereafter one commissioner was elected from each district for a six—year term. The use of commissioner districts continues to the present. Since 1926 all commissioners have been elected simultaneously for four—year terms. In 1974 two additional members were added to the board, one elected from district 1 and one at-large.⁶²

After each election the St. Mary’s County Board of County Commissioners appoints a clerk who keeps minutes of their meetings and handles routine administrative matters. Between 1890 and 1900 the clerk was also officially designated the county treasurer and given responsiblity for custody of county funds and disbursements as allowed and adjusted by the county commissioners. In July 1900 the county treasurer became a separate office and also took over the collection of taxes.⁶³

The board of county commissioners performs its duties on the basis of discretionary power allowed by state law or in conformity with programs mandated by the General Assembly or state executive departments.

Property assessments, although locally administered, were based on state laws. County officials also collected the state property tax, whenever it existed. Passage of a general assessment law in 1841 marked the resumption of an annual state property tax after a hiatus of fifteen years. The law named the assessors for each county and outlined the assessment procedures and forms. The local governing body, the county commissioners in St. Mary’s County, reviewed and adjusted the assessors’ returns, heard appeals, and determined the final assessed values on property. This process generally remained the same for the general revaluations of 1852, 1866, 1876, 1896, and 1910, except that in 1896 and 1910 the county commissioners in each county appointed one of the three assessors for each election district and the governor chose the other two. During the years between general revaluations the county commissioners annually updated assessments to reflect changes in ownership and property values.⁶⁴

supervised the other assessors, all of whom after passage of a 1916 law were appointed by the county commissioners, and assisted the county commissioners in updating assessments by compiling information about property values and changes in ownership. The 1914 statute also specified a reassessment of property in each county at least once every five years, a requirement that often was not met. In St. Mary’s County reassessments initially occurred at six year intervals, with general reassessments in 1917, 1923, and 1929. The next reassessment did not occur until 1938, because the General Assembly postponed revaluations during the Depression. In 1944 a method of continuous assessment was established so that one—fifth of a county was reassessed each year. In addition, assessors were made full—time employees. An act of 1955 provided for annual countywide reassessments. Since then the cycle has been changed several times and the administative organization restructured so that between 1973 and 1975 local assessment functions were completely incorporated into the State Department of Assessments and Taxation. The county tax rate in St. Mary’s County, however, continues to be set by the county commissioners.⁶⁵

Other functions assumed by the St. Mary’s County commissioners included appointment of trustees of the poor and approval and payment of pensions to the needy. In 1878, when the St. Mary’s County Trustees of the Poor were abolished, the county commissioners took over management of the almshouse. The commissioners contracted with a keeper to operate the almshouse and farm and to care for the residents, appointed a physician to provide medical care and periodically report on conditions of the physical facilities and treatment of the residents, and decided whom to admit and discharge. Mentally-ill paupers were usually sent to state hospitals. In 1955 the county commissioners closed the almshouse and provided for care of the residents in private homes.⁶⁹

or persons caring for them until this function was taken over by federal and state welfare programs. State law in 1935 made the State Board of State Aid and Charities the central coordinating agency for federal and state public assistance programs, which were administered locally by a county welfare board, composed of one county commissioner and other persons appointed by the county commissioners from a list prepared by the state board. The names of these state and local agencies have since been changed to the Department of Human Resources and the Department of Social Services respectively.⁷⁰

The trustees of the poor in St. Mary’s County were abolished by law in 1878, with their duties being assumed by the board of county commissioners • 76

In the seventeenth and eighteenth centuries the county justices and the sheriff or deputy sheriff conducted the elections held in each county. Under a law passed in 1800, the judges of each county court were required to annually appointed three election judges for each election district. In 1802 the levy courts assumed this responsibility. In order to provide for more formal local supervision of elections, the General Assembly in 1890 created for several counties, including St. Mary’s, a board of supervisors of elections, composed of three persons appointed biennially by the governor. Part of the board’s duties included the biennial appointment of three election judges and two clerks for each election district and precinct. Previously the election judges had selected the clerks. The number of election judges for each polling place was increased to four in 1896, two from each major political party.⁷⁸

The election judges and clerks supervised the process of voting whenever a primary, general, or special election was held. They checked qualifications of voters, enforced the laws and regulations governing elections, and tallied the votes at each polling place. The clerks, who were primarily responsible for keeping the poll books, were no longer needed when voting machines replaced paper ballots in the mid—twentieth century. Thereafter the election judges alone conducted elections. A few days after each election, one election judge from each election district and precinct met in the county seat and tabulated votes for the county. The official returns were then delivered to the county clerk, who maintained one copy and sent others to appropriate state and county officials. The county clerks also received and maintained the poll books listing persons who had voted.⁷⁹

To provide more formal local supervision over elections, the General Assembly in 1890 established for several counties, including St. Mary’s County, a board of supervisors of elections, composed of three persons appointed biennially by the governor. An 1896 law changed the method of tallying election results within a county by transferring this function from the election judges to a board of canvassers, made up of the supervisors of elections. The canvassers filed official election returns with the county clerk, who maintained one copy and sent another to the State Board of Canvassers, which tabulated the votes for state offices. The county board declared the official tallies for county offices. This procedure continues to be followed, except that since 1974 the county canvassers send the election returns for state offices to the State Administrative Board of Election Laws.⁸¹

As a result of stringent voter qualifications outlined in the Constitution of 1864, a state wide uniform system of voter registration was adopted in 1865. Previously only residents of Baltimore City had been required to register to vote. Under the 1865 law, the governor annually appointed three officers of registration for each county election district. In 1868 the term of office was lengthened to two years and the number of officers was reduced changed to one per election district • 82

Each county board of registry was composed of two election judges from each election district precinct. A general registration of all voters was held in 1896 and periodically thereafter, depending upon state law and local regulations. In the interim, prior to each election, the boards of registry updated registration lists by adding names of new voters and deleting those no longer eligible to vote. Under a 1945 law the supervisors of elections, with approval of the county commissioners, acquired the authority to establish a permanent system of registration, under which a voter remained enrolled until he or she moved, became disqualified, or failed to vote within five years. Membership on the board of registry was changed at this time to include the clerk of the supervisors of elections and a person appointed by the governor. Since 1967 the supervisors of elections have selected the two members of the board of registry.⁸⁶

By an act of the legislature of 1853, jurisdiction over public schools in St. Mary’s County was placed in the hands of a board of school commissioners, which assumed the duties formerly performed by the board of county commissioners and the commissioners of primary schools. The act provided that every four years the judges of the St. Mary’s County Orphans Court select five school commissioners, one from each election district. The statute also gave the orphans court the authority to make rules and regulations regarding administration of schools and required the register of wills to act as treasurer of the school fund. Money to support education was provided from a state school fund, county taxes, and tuition paid by all but the poorer parents. Duties of the school commissioners included distribution of these funds among the school districts, keeping accounts of expenses for each school district, biennial appointment of a five—member board of trustees for each school district, supervision of the trustees, and employment of teachers. The trustees were responsible for building school houses, recommending teachers, and managing operations of the schools in their respective districts.⁸⁷

state board, supervised execution of state policies and regulations, which included annual inspections of every school in the state, and determined the number of school commissioners for each county. The county boards of school commissioners had the authority to revise boundaries of school districts, to select school house sites, to build school houses, to establish high schools, to pay expenses of operating schools, and generally to execute state policies. Each county board was also required to submit to the state superintendent annual reports on schools, pupils, curriculum, and expenditures of state and county funds. Besides serving on the county board each school commissioner assumed direct supervision over several school districts and in this role employed teachers, distributed supplies, and maintained school buildings. The president of the county board granted teachers’ certificates 88

Under the 1916 act, the governor appointed the members of the county boards of education. In St. Mary’s County the board consisted of three persons who served six—year terms. In 1953, the membership of the board was increased to five, with each member serving a five—year term. The 1916 law assigned the county boards all the powers and duties formerly held by the school commissioners, and gave them additional responsibilities for the development and operation of county schools. The statute of 1916, with later amendments, established a minimum statewide program of education including courses of study, length of the school year, and certification of teachers. In addition to fulfilling state requirements, each county board set its own education policies, allocated state and county funds, employed teachers and other personnel, determined the location and mode of construction of schools, and appointed a county superintendent of schools, subject to approval by the state superintendent, for a four—year term of office. As secretary, treasurer, and administrative officer of the

In 1858 the General Assembly incorporated the town of Leonardtown, the county seat of St. Mary’s County. The governing body consisted of five commissioners elected annually. Their duties included the levy and collection of taxes on real and personal property and the passage of ordinances and resolutions regarding such matters as fire and police protection, water and sewage systems, and construction and maintenance of streets. In 1904 the term of office for the commissioners was changed to the present two years, staggered so that two members are elected one year and three the next. 101

The Secretary in Maryland primarily functioned as a clerk for the Governor and Council, recording their proceedings and maintaining papers needed for executing their duties. After 1706 the office was split between a principal Secretary, who resided in England, and a Deputy Secretary in Maryland. During the seventeenth century the Secretary held several other titles——Surveyor General, Attorney General, Commissary General, Naval Officer, and Rent Roll Keeper--which by 1689 had become separate offices. The Secretary was also judge of the Land Office from 1717 to 1738. The Constitution of 1776 excluded the position of Secretary from the government structure.¹⁰²

The Governor and Council, acting together, were the chief executive officers of the colonial government and after 1776 of the state government. The governor administered the central government, appointed civil and military officials, granted pardons, and remitted fines. The council assisted and advised the governor. Both the governor and members of the council were commissioned by the proprietor and served at his pleasure. During the colonial period the governor, acting as the representative of Lord Baltimore, also granted land patents and supervised collection of the proprietor’s rents and revenues. Prior to the War of Independence the Governor and Council acted in both legislative and judicial capacities. Between 1650 and 1675 they comprised the Upper House of the General Assembly, and thereafter the council sat alone as the upper house. The Goveror and Council were judges of the Provincial Court during the period 1634 to 1674 and of the Court of Appeals from 1650 until 1776. The goveror also usually served as Chancellor of the Chancery Court.¹⁰⁴

The Court of Appeals dates from 1694, when it began to hold regular terms of court. As the highest tribunal in Maryland, the court hears appeals from decisions of lower courts. When the General Court was abolished in 1806, the clerk of the Court of Appeals assumed responsibility for maintaining the deed abstracts, compiled and sent to him by clerks of the county courts. In 1874 the General Assembly assigned this function to the Commissioner of the Land Office. 109

Records of the Court of Appeals pertinent to St. Mary’s County at the Hall of Records:

(Land Record Abstracts, St. Mary’s County), 1806-1831

5. Skordas, pp. 324—325; Acts of Jun. 1773, ch. 1; 1790, ch. 50; 1801, ch. 74; 1804, ch. 55; 1805, chs. 16, 65.

7. Acts of Jun. 1777, ch. 12; Apr. 1787, ch. 16; 1835, ch. 201; 1841, ch. 95.

25. Acts of 1867, ch. 329; 1898, ch. 139; St. Mary’s County Circuit Court (Naturalization Record), p. 26, MdHR 20418.

29. Acts of 1865, ch. 130; 1890, ch. 465.

30. Acts of 1865, ch. 130; 1898, ch. 312; State Planning Commission, Public Health Administration in Maryland, Publication 18 (Baltimore, 1938), pp. 19—20, MdHR 787598.

1948), pp. 1—22, 40—41, MdHR 785642.

47; Governor and Council (Commission Record), 1793-1826, p. 20, MdHR

MdHR 7927; Acts of 1790, ch. 61; 1852, ch. 274; 1867, ch. 203; 1874,

Court Records of Colonial Maryland (Annapolis: Hall of Records

Acts of Feb. 1777, oh. 8; 1793, oh. 45; 1842, ch. 25; 1927, ch. 186.

1973, ch. 784; Second Biennial Report of the State Tax Commission

(1918), pp. 7-9, MdHR 793306; Thirteenth Biennial Report of the State

Tax Commission (1941), p. 14, MdHR 793369.

General Administration (1969), p. 23, MdHR 806342; Acts of 1841, ch.

77. Acts of 1888, ch. 511; 1890, ch. 170; 1900, cli. 237; 1922, oh. 227.

College of Business and Public Administration, University of Maryland,

89. Maryland Constitution (1964), art. 3, sec. 4; Acts of 1865, ch.

90. Report of the School Law Revision Commission (1968), pp. 26-27, MdHR 806297; Acts of 1868, ch. 407.

Commission, pp. 5-6; Abraham Flexner and Frank P. Bachman, Public

Commission, 5th ed. (New York: General Education Board, 1921), p. 45,

MdHR 805998.

100. Maryland Constitution (1864), Declaration of Rights, art. 24; Acts of 1867, oh. 189.