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he is a member; and he shall also receive such mileage as may be allowed by Law, not exceeding twenty cents per mile; and the Presiding Officer of each House shall receive an additional compensation of three dollars per day. When the General Assembly shall be convened by Proclamation of the Governor, the Session shall not continue longer than thirty days; and in such case, the compensation shall be the same as herein prescribed.

SEC. 16. No book, or other printed matter, not appertaining to the business of the session, shall be purchased, or subscribed for, for the use of the members of the General Assembly, or be distributed among them, at the public expense.

SEC. 17. No Senator or Delegate, after qualifying as such, notwithstanding he may thereafter resign, shall during the whole period of time for which he was elected, be eligible to any office, which shall have been created, or the salary, or profits of which shall have been increased, during such term.

SEC. 18. No Senator, or Delegate shall be liable in any civil action, or criminal prosecution, whatever, for words spoken in debate.

SEC. 19. Each House shall be judge of the qualifications and elections of its members, as prescribed by the Constitution and Laws of the State; shall appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behaviour, and with the consent of two-thirds of its whole number of members elected, expel a member; but no member shall be expelled a second time for the same offence.

SEC. 20. A majority of the whole number of members elected to each House shall constitute a quorum for the transaction of business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each House may prescribe.

SEC. 21. The doors of each House, and of the Committee of the Whole, shall be open, except when the business is such as ought to be kept secret.

SEC. 22. Each House shall keep a Journal of its proceedings, and cause the same to be published. The yeas and nays of members on any question shall, at the call of any five of them in the House of Delegates, or one in the Senate, be entered on the Journal.

SEC. 23. Each House may punish by imprisonment, during the session of the General Assembly, any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its Proceedings, or any of its officers in the execution of their duties; provided, such imprisonment shall not, at any one time, exceed ten days.

SEC. 24 The House of Delegates may inquire, on the oath of witnesses, into all complaints, grievances and offences, as the Grand Inquest of the State, and may commit any person, for any crime, to the public jail, there to remain until discharged by due course of Law. They may examine and pass all accounts of the State, relating either to the collection, or expenditure of the revenue, and appoint Auditors to state and adjust the same. They may call for all public, or official papersand records, and send for persons whom they may judge necessary, in the course of their inquiries, concerning affairs relating to the public interest, and may direct all office bonds which shall be made payable to the State, to be sued for any breach thereof; and with the view to the more certain prevention, or correction of the abuses in the expenditures of the money of the State, the General Assembly shall create, at every Session thereof, a Joint Standing Committee of the Senate and House of Delegates, who shall have power to send for persons, and examine them on oath, and call for public or official papers and records, and whose duty it shall be to examine and report upon all contracts made for printing, stationery, and purchases for the Public Offices and the Library, and all expenditures therein, and upon all matters of alleged abuse in expenditures, to which their attention may be called by Resolution of either House of the General Assembly.

SEC. 25. Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present.

SEC. 26. The House of Delegates shall have the sole power of Impeachment in all cases; but a majority of all the members elected must concur in the Impeachment. All Impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be on oath, or affirmation, to do justice according to the Law and the evidence; but no person shall be convicted without the concurrence of two-thirds of all the Senators elected.

SEC. 27. Any Bill may originate in either House of the General Assembly, and be altered, amended or rejected by the other; but no Bill shall originate in either House during the last ten days of the session, unless two-thirds of the members elected thereto shall so determine by yeas and nays; nor shall any Bill become a

Law, until it be read on three different days of the session in each House, unless two-thirds of the members elected to the House, where such bill is pending, shall so determine by yeas and nays; and no Bill shall be read a third time until it shall have been actually engrossed for a third reading.

SEC. 28. No Bill shall become a Law unless it be passed in each House by & majority of the whole number of members elected, and on its final passage the yeas and nays be recorded; nor shall any Resolution, requiring the action of both Houses, be passed except in the same manner.

SEC. 29. The style of all Laws of this State shall be, "Be it enacted by the General Assembly of Maryland," and all Laws shall be passed by original Bill; and every Law enacted by the General Assembly shall embrace but one subject, and that shall be described in its title; and no Law, nor section of a Law, shall be revived, or amended by reference to its title, or section only; nor shall any Law be construed, by reason of its title, to grant powers, or confer rights which are not expressly contained in the body of the Act; and it shall be the duty of the General Assembly, in amending any Article or Section of the Code of Laws of thisState, to enact the same, as the said article or section would read when amended. And whenever the General Assembly shall enact any Public General Law, not amendatory of any Section or Article in the said Code, it shall be the duty of the General Assembly to enact the same, in Articles and Sections, in the same manner as the Code is arranged, and to provide for the publication of all additions and alterations which may be made to the said Code.

SEC. 30. Every Bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented to the Governor, who, if he approves it, shall sign the same in the presence of the Presiding Officers and Chief Clerks of the Senate 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.

SEC. 31. No Law passed by the General Assembly shall take effect until the first day of June, next after the Session at which it may be passed, unless it be other-wise expressly declared therein.

SEC. 32. No money shall be drawn from the Treasury of the State by any Order or Resolution, nor except in accordance with an appropriation by Law, and every such Law shall distinctly specify the sum appropriated, and the object to which it shall be applied; provided, that nothing herein contained shall prevent. the General Assembly from placing a contingent fund at the disposal of the Executive, who shall report to the General Assembly, at each Session, the amount expended, and the purposes to which it was applied. An accurate statement of the receipts and expenditures of the public money, shall be attached to, and published with the Laws, after each regular Session of the General Assembly.

SEC. 33. The General Assembly shall not pass local or special Laws, in any of the following enumerated cases, viz: For extending the time for the collection of taxes; granting divorces; changing the name of any person; providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees; giving effect to informal, or invalid deeds, or wills; refunding money paid into the State Treasary, or releasing persons from their debts or obligations to the State, unless recommended by the Governor, or officers of the Treasury Department. And the General Assembly shall pass no special Law for any case, for which provision has been made by an existing General Law. The General Assembly, at its first session after the adoption of this Constitution, shall pass General Laws, providing for the cases enumerated in this section, which are not already adequately provided for,, and for all other cases, where a General Law can be made applicable.

SEC. 34. No debt shall be hereafter contracted by the General Assembly, unless→ such debt shall be authorized by a Law providing for the collection of an annual tax, or taxes, sufficient to pay the interest on such debt, as it falls due; and also, to discharge the principal thereof, within fifteen years from the time of contracting the same; and the taxes laid for this purpose shall not be repealed, or applied to any other object, until the said debt, and interest thereon, shall be fully discharged. The credit of the State shall not in any manner be given, or loaned to, or in aid of any individual association or corporation, nor shall the General Assembly have the power, in any mode, to involve the State in the construction of Works of Internal Improvement, nor in granting any aid thereto, which shall involve the faith or credit of the State, nor make any appropriation therefor, except in aid of the construction of Works of Internal Improvement in the counties of St. Mary's, Charles and Calvert, which have had no direct advantage from such Works, as have been heretofore aided by the State; and provided, that such aid, advances, or appropriations, shall not exceed in the aggregate the sum of five

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hundred thousand dollars. And they shall not use, or appropriate the proceeds of the Internal Improvement Companies, or of the State tax now levied, or which may hereafter be levied, to pay off the public debt, to any other purpose, until the interest and debt are fully paid, or the sinking fund shall be equal to the amount of the outstanding debt; but the General Assembly may, without laying a tax, borrow an amount never to exceed fifty thousand dollars, to meet temporary deficiencies in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State.

SEC. 35. No extra compensation shall be granted, or allowed by the General Assembly to any public officer, agent, servant or contractor, after the service shall have been rendered, or the contract entered into; nor shall the salary, or compensation of any public officer be increased or diminished during his term of office. SEC. 36. No Lottery Grant shall ever hereafter be authorized by the General Assembly.

SEC. 37. The General Assembly shall pass no Law providing for payment, by this State, for slaves emancipated from servitude in this State; but they shall adopt such measures as they may deem expedient, to obtain from the United States, compensation for such slaves, and to receive, and distribute the same, equitably, to the persons entitled.

SEC. 38. No person shall be imprisoned for debt.

SEC. 39. The General Assembly shall grant no Charter for Banking purposes, nor renew any Banking Corporation now in existence, except upon the condition that the stockholders shall be liable to the amount of their respective share, or shares of stock in such Banking Institution, for all its debts and liabilities, upon note, bill, or otherwise; the books, papers and accounts of all Banks shall be open to inspection, under such regulations as may be prescribed by Law.

SEC. 40. The General Assembly shall enact no Law 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.

SEC. 41. 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 offending, shall ever thereafter, be incapable of holding any office of profit or trust, under this State, unless relieved from the disability by an Act of the Legislature.

SEC. 42. The General Assembly shall pass Laws necessary for the preservation of the purity of elections.

SEC. 43. The property of the wife shall be protected from the debts of her husband.

SEC. 44. Laws shall be passed by the General Assembly, to protect from execution, a reasonable amount of the property of the debtor, not exceeding in value, the sum of five hundred dollars.

Sec. 45. The General Assembly shall provide a 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 the said officers in the various Counties, shall not exceed the sum of three thousand dollars a year, and in the City of Baltimore thirty-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. 46. The General Assembly shall have power to receive from the United States, any grant, or donation of land, money, or securities for any purpose designated by the United States, and shall administer, or distribute the same according to the conditions of the said grant.

SEC. 47. The General Assembly shall make provisions for all cases of contested elections of any of the officers, not herein provided for.

SEC. 48. Corporations may be formed under general Laws; but shall not be created by special act, except for municipal purposes, and except in cases, where no general Laws exist, providing for the creation of corporations of the same general character, as the corporation proposed to be created; and any Act of Incorporation, passed in violation of this Section shall be void. And as soon as practicable after the adoption of this Constitution, it shall be the duty of the Governor, to appoint three persons learned in the Law, whose duty it shall be, to prepare drafts of general Laws, providing for the creation of Corporations, in such cases as may be proper, and for all other cases, where a general Law can be made; and for revising and amending, so far as may be necessary, or expedient, the general Laws which may be in existence on the first day of June, eighteen hundred and sixty

seven, providing for the creation of corporations, and for other purposes; and such drafts of Laws shall by said Commissioners, be submitted to the General Assembly, at its first meeting, for its action thereon; and each of said Commissioners shall receive a compensation of five hundred dollars for his services, as such Commissioner.

All Charters granted, or adopted, in pursuance of this section, and all Charters heretofore granted and created, subject to repeal or modification, may be altered, from time to time, or be repealed; provided, nothing herein contained shall be construed to extend to Banks, or the incorporation thereof.

SEC. 49. The General Assembly shall have power to regulate, by Law, not inconsistent with this Constitution, all matters which relate to the Judges of election, time, place and manner of holding elections in this State, and of making returns thereof.

SEC. 50. It shall be the duty of the General Assembly at its first session held after the adoption of this Constitution, to provide by Law for the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any person who shall bribe, or attempt to bribe, any Executive, or Judicial of ficer of the State of Maryland, or any member, or officer of the General Assembly of the State of Maryland, or of any Municipal Corporation in the State of Maryland, or any Executive officer of such Corporation, in order to influence him in the performance of any of his official duties; and also to provide by Law for the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any of said officers, or members, who shall demand, or receive any bribe, fee, reward, or testimonial for the performance of his official duties, or for neglecting, or failing to perform the same; and also to provide by Law for compelling any person, so bribing, or attempting to bribe, or so demanding, or receiving a bribe, fee, reward or testimonial, to testify against any person, or persons, who may have committed any of said offences; provided, that any person, so compelled to testify, shall be exempted from trial and punishment for the offence, of which he may have been guilty; and any person, convicted of such offence, shall, as part of the punishment thereof, be forever disfranchised and disqualified from holding any office of trust, or profit, in this State.

SEC. 51. The personal property of residents of this State, shall be subject to taxation in the county, or city, where the resident bona fide resides for the greater part of the year, for which the tax may, or shall be levied, and not elsewhere, except goods and chattels permanently located, which, shall be taxed in the City, or County, where they are so located.

SEC. 52. The General Assembly shall appropriate no money out of the Treasury for payment of any private claim against the State exceeding three hundred dollars, unless said claim shall have been first presented to the Comptroller of the Treasury, together with the proofs upon which the same is founded, and reported upon by him.

SEC. 53. No person shall be incompetent, as a witness, on account of race or color, unless hereafter so declared by Act of the General Assembly.

SEC. 54. No County of this State shall contract any debt, or obligation, in the construction of any Railroad, Canal, or other Work of Internal Improvement, nor give, or loan its credit to, or in aid of any association, or corporation, unless authorized by an Act of the General Assembly, which shall be published for two months before the next election for members of the House of Delegates in the newspapers published in such County, and shall also be approved by a majority of all the members elected to each House of the General Assembly at its next Session after said election.

SEC. 55. The General Assembly shall pass no Law suspending the privilege of the Writ of Habeas Corpus.

SEC. 56. The General Assembly shall have power to pass all such Laws as may be necessary and proper for carrying into execution, the powers vested by this Constitution in any Department, or Office of the Government, and the duties imposed upon them thereby.

SEC. 57. The legal Rate of Interest shall be six per cent. per annum; unless otherwise provided by the General Assembly.

SEC. 58. The Legislature, at its first Session after the ratification of this Constitution, shall provide by Law, for State and Municipal taxation upon the Revenues accruing from business done in the State by all Foreign Corporations.

SEC. 59. The office of State Pension Commissioner is hereby abolished; and the Legislature shall pass no Law creating such office, or establishing any general Pension System within this State.

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ARTICLE IV.

JUDICIARY DEPARTMENT.

PART I-GENERAL PROVISIONS.

SECTION 1. The Judicial Power of this State shall be vested in a Court of Appeals, Circuit Courts, Orphans' Courts, such Courts for the city of Baltimore as are here-inafter provided for, and Justices of the Peace; all said Courts shall be Courts of Record, and each shall have a Seal to be used in the authentication of all process issuing therefrom. The process and official character of Justices of the Peace shall be authenticated as hath heretofore been practiced in this State, or may hereafter be prescribed by Law.

SEC. 2. The Judges of all of the said Courts shall be citizens of the State of Maryland, and qualified voters under this Constitution, and shall have resided therein not less than five years, and not less than six months next preceding their election, or appointment in the Judicial Circuit, as the case may be, for which they may be, respectively, elected or appointed. They shall be not less than thirty years of age at the time of their election, or appointment, and shall be selected from those who have been admitted to practice Law in this State, and who are most distinguished for integrity, wisdom, and sound legal knowledge.

SEC. 3. The Judges of the said several Courts shall be elected in the Counties by the qualified voters in their respective Judicial Circuits, as hereinafter provided, at the general election to be held on the Tuesday after the first Monday in November next, and in the city of Baltimore on the fourth Wednesday of October next. Each of the said Judges shall hold his office for the term of fifteen years from the time of his election, and until his successor is elected and qualified, or until he shall have attained the age of seventy years, whichever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after; but in case of any Judge, who shall attain the age of seventy years whilst in office, such Judge may be continued in office by the General Assembly for such further time as they may think fit, not to exceed the term for which he was elected, by a Resolution to be passed at the Session next preceding his attaining said age. In case of the inability of any of said Judges to discharge his duties with efficiency, by reason of continued sickness, or of physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each House concurring, with the approval of the Governor, to retire said Judge from office.

SEC. 4. Any Judge shall be removed from office by the Governor on conviction: in a Court of Law, of incompetency, of wilful neglect of duty, misbehaviour in office, or any other crime, or on impeachment, according to this Constitution, or the Laws of the State; or on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of making his defence.

SEC. 5. After the election for Judges, to be held as above mentioned, upon the expiration of the term, or in case of the death, resignation, removal, or other disqualification of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next general election for mem-bers of the General Assembly, when a successor shall be elected, whose tenure of office shall be the same as herein before provided; but if the vacancy shall occur in the city of Baltimore, the time of election shall be the fourth Wednesday in October following.

SEC. 6. All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State; and no fees, or perquisites, commission, or reward of any kind, shall be allowed to any Judge in this State, besides his annual salary, for the discharge of any judicial duty.

SEC. 7. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, by affinity or consanguinity, within such degrees as now are, or may hereafter be prescribed by Law, or where he shall have been of counsel in the case.

SEC. 8 The parties to any cause may submit the same to the Court for determination, without the aid of a Jury; and the Judge, or Judges of any Court of this State, except the Court of Appeals, shall order and direct the Record of proceedings in any suit or action, issue, or petition, presentment, or indictment, pending in such Court, to be transmitted to some other Court, (and of a different circuit, if the party applying shall so elect,) having jurisdiction in such cases, whenever any party to such cause, or the counsel of any party, shall make a suggestion in writing, supported by the affidavit of such party, or his counsel, or other proper evidence, that the party cannot have a fair or impartial trial in the Court, in which such suit, or action, issue, or petition, presentment, or indictment is pending, or when the Judges of said Court shall be disqualified, under the provisions of this