Mode of Attesting Laws. tary office in this State, any person who may thereafter be convicted of perjury, bribery, or other felony, unless such person shall have been pardoned by the Executive. SEC. 34. Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented to the Governor, who shall sign the same in the presence of the presiding officers and chief clerks of the Senate Laws to be Re- and House of Delegates. Every law shall be recorded in the office of the Court of Appeals, and in due time be printed, published and certified under the Great Seal to the several courts in the same manner as has been heretofore usual in this State. corded and certified to Courts. Defaulting Collectors to be in SEC. 35. No person who may hereafter be a eligible as Sena- collector, receiver or holder of public moneys, tors or Delegates. shall be eligible as Senator or Delegate, or to any office of profit or trust under this State, until he shall have accounted for and paid into the treasury all sums on the books thereof, charged to and due by him. Duellists ineligible to office. Lotteries prohibited. Wife's property SEC. 36. Any citizen of this State who shall, after the adoption of this Constitution, either in or out of this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in any manner those thus offending, shall ever thereafter be incapable of holding any office of trust or profit under this State. SEC. 37. No lottery grant shall ever hereaf ter be authorized by the Legislature. SEC. 38. The General Assembly shall pass to be protected. laws necessary to protect the property of the wife, from the debts of the husband during 1853 ch. 245. 1853, ch. 335. her life, and for securing the same to her issue after her death. SEC. 39. Laws shall be passed by the Legis- Exemption Laws lature to protect from execution a reasonable amount of property of a debtor, not exceeding in value the sum of five hundred dollars. Clerks and Re 1852. ch. 308. SEC. 40. The Legislature shall, at its first Compensation of session after the adoption of this Constitu- gisters. tion, adopt some simple and uniform system of charges in the offices of clerks of courts and registers of wills in the counties of this State and the city of Baltimore, and for the collection thereof; provided, the amount of compensation to any of said officers shall not exceed the sum of twenty-five hundred dollars a year, over and above office expenses, and compensation to assistants; and provided, further, that such compensation of clerks, registers, assistants and office expenses, shall always be paid out of the fees or receipts of the offices respectively. SEC. 41. The House of Delegates shall have Impeachment. the sole power of impeachment in all cases, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the Senate, and when sitting for that purpose they shall be on oath or affirmation to do justice according to the law and evidence, but no person shall be convicted without the concurrence of two-thirds of all the Senators. SEC. 42. That it shall be the duty of the Internal ImLegislature so soon as the public debt shall provement Comhave been fully paid off, to cause to be trans ferred to the several counties and the city of Baltimore, stock in the internal improvement Master and Slave No Imprisonment for Debt. 5 Md. 337. Banks not to be ing to Banks. companies, equal to the amount respectively paid by each towards the erection and completion of said works, at the then market value of said stock. SEC. 43. The Legislature shall not pass any law abolishing the relation of master or slave, as it now exists in this State. SEC. 44. No person shall be imprisoned for debt. SEC. 45. The Legislature hereafter shall grant no charter for banking purposes or renew any banking corporation now in existence, except upon the condition that the stockholders and directors shall be liable to the amount of their respective share or shares of stock in such banking institution for all its debts and Provisions relat liabilities upon note, bill or otherwise; and upon the further condition that no director or other officer of said corporation shall borrow any money from said corporation; and if any director or other officer shall be convicted upon indictment of directly or indirectly violating this article, he shall be punished by fine or imprisonment at the discretion of the Court. All banks shall be open to inspection of their books, papers and accounts, under such regulations as may be prescribed by law. Private Property use to be paid for. SEC. 46. The Legislature shall enact no law taken for Public authorizing private property to be taken for public use without just compensation as agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation. Corporations to SEC. 47. Corporations may be formed under General Laws. general laws, but shall not be created by spe be provided for by cial act, except for municipal purposes, and in 1852, ch. 231. cases where, in the judgment of the Legisla- 1853, ch. 320. ture, the object of the corporation cannot be attained under general laws. All laws and special acts pursuant to this section may be altered from time to time, or repealed; provided, nothing herein contained shall be construed to alter, change or amend in any manner the article in relation to Banks. tions. SEC. 48. The Legislature shall make provi- Contested Elecsion for all cases of contested elections of any 1853, ch. 244. of the officers not herein provided for. SEC. 49. That the rate of interest in this Rate of Interest. State shall not exceed six per cent. per annum, and no higher rate shall be taken or demanded, and the Legislature shall provide, by law, all necessary forfeitures and penalties against usury. ARTICLE IV. JUDICIARY DEPARTMENT. Power-how SECTION 1. The Judicial power of this State The Judicial shall be vested in a Court of Appeals, in Cir- vested. cuit Courts, in such Courts for the city of Baltimore as may be hereinafter prescribed, and in Justices of the Peace. its jurisdiction SEC. 2. The Court of Appeals shall have Court of Appeals, appellate jurisdiction only, which shall be co- and constitution. extensive with the limits of the State. It shall consist of a chief justice and three associate justices, any three of whom shall form a quorum, whose judgment shall be final and conclusive in all cases of appeals; and who shall sions to be pub lished. have the jurisdiction which the present Court of Appeals of this State now has, and such other appellate jurisdiction as hereafter may be provided for by law. And in every case decided, an opinion, in writing, shall be filed, Reports of Deci- and provision shall be made, by law, for publishing reports of cases argued and determined in the said Court. The Governor, for the time being, by and with the advice and consent of the Senate, shall designate the chief justice, Time and place and the Court of Appeals shall hold its sessions at the city of Annapolis, on the first Monday of June, and the first Monday of December, in each and every year. 1852, ch. 55. do. 351. 1854, Res. 5. of meeting. Clerk of Court of State divided into four Judicial Districts. SEC. 3. The Court of Appeals shall appoint its own clerk, who shall hold his office for six years, and may be re-appointed at the end thereof; he shall be subject to removal by the said court for incompetency, neglect of duty, misdemeanor in office, and for such other causes as may be prescribed by law. SEC. 4. The State shall be divided into four Judicial districts: Allegany, Washington, Frederick, Carroll, Baltimore and Harford counties, shall compose the first; Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's, the second; Baltimore city, the third; and Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset and Worcester, shall compose the fourth district. And one person from among those to be elected from learned in the law, having been admitted to practice in this State, and who shall have been a citizen of this State at least five years, and above the age of thirty years at the time of his One Judge of Court of Appeals each district. His Qualifications. |