Before entering upon the duties of their offices,
all members of the Council, the Clerk-Treasurer, the members of the
Board of Supervisors of Elections and all other persons elected or
appointed to any office of profit or trust in the town government
shall take and subscribe the following oath or affirmative:[1] "I,.........., do swear (or affirm as the case may be),
that I will support the Constitution of the United States; and that
I will be faithful and bear true allegiance to the State of Maryland,
and support the Constitution and laws thereof; and that I will, to
the best of my skill and judgement, diligently and faithfully, without
partiality or prejudice, execute the office of..............., according
to the Constitution and laws of this State."
[1]
Editor's Note: So in original. Probably should
read "affirmation."
The Council members shall take and subscribe
this oath or affirmation before the Clerk of the Circuit Court of
the county or before one of the sworn deputies of the Clerk. All other
persons taking and subscribing the oath shall do so before the Councilmen.
The Clerk-Treasurer and such other officers
or employees of the town as the Council or this Charter may require
shall give bond in such amount and with such surety as may be required
by the Council. The premiums on such bonds shall be paid by the town.
All right, title and interest held by the town
or any other person or corporation at the time this Charter is adopted,
in and to any lien acquired under any prior Charter of the town, are
hereby preserved for the holder in all respects as if this Charter
had not been adopted, together with all rights and remedies in relation
thereto. This Charter shall not discharge, impair or release any contract,
obligation, duty, liability or penalty whatever existing at the time
this Charter becomes effective. All suits and actions, both civil
and criminal, pending or which may hereafter be instituted for cause
of action now existing or offenses already committed against any law
or ordinance repealed by this Charter, shall be instituted, proceeded
with and prosecuted to final determination and judgement as if this
Charter had not become effective.
A.
All ordinances, resolutions, rules and regulations
in effect in the town at the time this Charter becomes effective which
are not in conflict with the provisions of this Charter shall remain
in effect until changed or repealed according to the provisions of
this Charter.
B.
All ordinances, resolutions, rules and regulations
in effect in the town at the time this Charter becomes effective which
are in conflict with the provisions of this Charter shall be and the
same hereby are repealed to the extent of such conflict.
Every act or omission which, by ordinance, is
made a misdemeanor under the authority of this Charter, unless otherwise
provided, shall be punishable upon conviction before any Trial Magistrate
or in the Circuit Court of Wicomico County by a fine not exceeding
five hundred dollars ($500.) or imprisonment for ninety (90) days
in the county jail, or both, in the discretion of the court of Trial
Magistrate.[1] The party aggrieved shall have the right to appeal as
is now provided under the general laws of the state. Where the act
or omission is of a continuing nature and is persisted in, a conviction
for one offense shall not be a bar to a conviction for a continuation
of the offense subsequent to the first or any succeeding conviction.
[1]
Editor's Note: So in original. Probably should
read "court or Trial Magistrate."
If any section or part of any section of this
Charter shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the remainder of this Charter nor the
context in which such section or part of section so held invalid shall
appear, except to the exent that an entire section or part of section
may be inseparably connected in meaning and effect with the section
or part of section to which such holding shall directly apply.
Wherever in this article the word "town" shall
appear, it shall be taken and construed to mean also the word "city."
