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SEC. 19. He shall have power to grant re- nor shall the whole number of delegates ever prieves and pardons, except in cases of im- exceed eighty, or be less than sixty-five; and peachment, and in cases in which he is pro- until the apportionment is made under the hibited by other articles of this Constitution, census of eighteen hundred and sixty, St. and to remit fines and forfeitures for offences ( Mary's county shall be entitled to two dele against the State; but shall not remit the gates ; Kent, two; Anne Arundel, three; principal or interest of any debt due to the Calvert, two; Charles, two; Baltimore county, State, except in cases of fines and forfeitures; six; Talbot, two; Somerset, four; Dorchester, and before granting a nolle prosequi, or par- three; Cecil, three; Prince George's, three; don, he shall give notice, in one or more Queen Anne's, two; Worcester, three; Frednewspapers, of the application made for it, erick, six ; Harford, three; Caroline, two; and of the day on or after which his decision Baltimore city, ten ; Washington, five; Montwill be given; and in every case in which he gomery, two; Allegany, four; Carroll, three, exercises this power, he shall report to either and Howard, two. branch of the legislature, whenever required, Sec. 4. The members of the house of dele. the petitions, recommendations and reasons gates shall be elected by the qualified voters which influence his decision.
of the counties and city of Baltimore respecSec. 20. The Governor shall reside at the tively, to serve for two years from the day of seat of government, and shall receive for his their election. services an annual salary of thirty-six hnn- SEC. 5. The first election for delegates shall dred dollars.
take place on the first Wednesday of NovemSec. 21. When the public interest requires ber, eighteen hundred and fifty-one; and the it, he shall have power to employ counsel, elections for delegates, and for one-half of the who shall be entitled to such compensation as senators, as nearly as practicable, shall be the legislature may allow in each case after held on the same day in every second year the services of such counsel shall have been thereafter, but an election for senators shall performed.
be held in the year eighteen hundred and Sec. 22. A Secretary of State shall be ap- fifty-one, in Howard county, and all those pointed by the Governor, by and with the counties in which senators were elected in the advice and consent of the senate, who shall year eighteen hundred and forty-six. continue in office, unless sooner removed by SEÇ. 6. Immediately after the senate shall the Governor, till the end of the official term have convened after the first election under of the Governor from whom he received his this Constitution, the senators shall be divided, appointment, and shall receive an annual by lot, into two classes, as nearly equal in salary of one thousand dollars.
number as may be the senators of the first Sec. 23. He shall carefully keep, and pre- class shall go out of office at the expiration of serve a record of all official acts and proceed two years, and senators shall be elected on ings, (which may, at all times, be inspected the first Wednesday of November, eighteen by a committee of either branch of the legis- hundred and fifty-three, for the term of four lature,) and shall perform such other duties years, to supply their places; so that, after as may be prescribed by law, or as may prop- the first election, one-half of the senators erly belong to his office.
may be chogen every second year; provided, ARTICLE III.
that in no case sball any senator be placed in a class which shall entitle him to serve for a
longer term than that for which he was SECTION 1. The legislature shall consist of elected. In case the number of senators be two distinct branches, a senate and a house hereafter increased, such classification of the of delegates, which shall be styled “The additional senators shall be made as to preGeneral Assembly of Maryland.”
serve as nearly as may be an equal number in Sec. 2. Every county of the State, and the each class. city of Baltimore, shall be entitled to elect Sec. 7. The general assembly shall meet on one senator, who shall be elected by the qual- | the first Wednesday of January, eighteen hunified voters of the counties and city of Balti- dred and fifty-two, on the same day in the more, respectively, and who shall serve for year eighteen hundred and fifty-three, and four years from the day of their election. on the same day in the year eighteen hundred
Seč. 3. The legislature at its first session and fifty-four, and on the same day in every after the returns of the national census of second year thereafter, and at no other time eighteen hundred and sixty are published, and unless convened by the proclamation of the in like manner after each subsequent census, Governor. shall apportion the members of the house of SEC. 8. The general assembly may continue delegates among the several counties of the their first two sessions after the adoption of State, according to the population of each, this Constitution, as long as, in the opinion and shall always allow to the city of Balti- of the two houses, the public interests may more four more delegates than are allowed to require it, but all subsequent regular sessions the most populous county, but no county of the general assembly shall be closed on the shall be entitled to less than two members, I tenth day of March next ensuing the time of
their commencement, unless the same shall bly of Maryland," and all laws shall be passed be closed at an earlier day by the agreement by original bill, and every law enacted by the of the two houses.
legislature shall embrace but one subject, and Sec. 9. No person shall be eligible as a sen- that shall be described in the title, and no law ator or delegate who, at the time of his elec- or section of law shall be revived, amended tion, is not a citizen of the United States, or repealed by reference to its title or section and who has not resided at least three years only; and it shall be the duty of the legislanext preceding the day of his election in this ture, at the first session after the adoption of State, and the last year thereof in the county this constitution, to appoint two commissioners or city which he may be chosen to represent, learned in the law, to revise and codify the if such county or city shall have been so long laws of this State; and the said commissioners established, and if not, then in the county shall report the said code, so formed, to the from which, in whole or in part, the same legislature, within a time to be by it determay have been formed; nor shall any person mined for its approval, amendment, or rejecbe eligible as a senator unless he shall have tion; and, if adopted after the revision and attained the age of twenty-five years, nor as codification of the said laws, it shall be the a delegate unless he shall have attained the duty of the legislature, in amending any artiage election.
said article or section would read when Sec. 10. No member of Congress, or per- amended. And whenever the legislature shall sons holding any civil or military office under enact any public general law, not amendatory the United States, shall be eligible as a senator of any section or article in the said code, it or delegate; and if any person shall, after his shall be the duty of the legislature to enact election as a senator or delegate, be elected to the same in articles and sections, in the same Congress, or be appointed to any office, civil manner as the said code may be arranged ; or military, under the government of the and to provide for the publication of all addiUnited States, his acceptance thereof shall tions and alterations which may be made to vacate his seat.
the said code, and it shall also be the duty of Sec. 11. No minister or preacher of the the legislature to appoint one or more commisgospel, of any denomination, and no person sioners learned in the law, whose duty it shall holding any civil office of profit or trust under be to revise, simplify, and abridge the rules this State, except justices of the peace, shall of practice, pleadings, forms of conveyancing, be eligible as senator or delegate.
and proceedings of the courts of record, in SEC. 12. Each house shall be judge of the this State. qualifications and elections of its members, Sec. 18. Any bill may originate in either subject to the laws of the State-appoint its house of the general assembly, and be altered, own officers, determine the rules of its own amended or rejected by the other, but no bilí proceedings, punish a member for disorderly shall originate in either house during the last or disrespectful behavior, and with the con- three days of the session, or become a law, sent of two-thirds, expel a member ; but no until it be read on three different days of the member shall be expelled a second time for the session in each house, unless three-fourths of same offence.
the members of the house, where such bill is SEC. 13. A majority of each house shall pending, shall so determine. constitute a quorum for the transaction of SEC. 19, No bill shall become a law unless business, but a smaller number may adjourn it be passed in each house by a majority of
and compel the attendance the whole number of members elected, and of absent members in such manner and under on its final passage the ayes and noes be such penalties as each house may prescribe. recorded.
Sec. 14. The doors of each house and of Sec. 20. No money shall be drawn from committees of the whole shall be open, except the treasury of the State, except in accordance when the business is such as ought to be kept with an appropriation made by law, and ev
such law shall distinctly specify the sum Sec. 15. Each house shall keep a journal appropriated, and the object to which it shall of its proceedings, and cause the same to be be applied, provided that nothing herein conpublished. The yeas and nays of members on tained shall prevent the legislature from placany question shall, at the call of any five of ing a contingent fund at the disposal of the them, in the house of delegates, or one in the executive, who shall report to the legislature senate, be entered on the journal.
at each session the amount expended and the Sec. 16. Neither house shall, without the purposes to which it was applied ; an accurate consent of the other, adjourn for more than statement of the receipts and expenditures of three days; nor to any other place than that the public money shall be attached to and in which the house shall be sitting, without published with the laws after each regular the concurrent vote of two-thirds of the session of the general assembly. members present.
SEC. 21. No divorce shall be granted: by Sec. 17. The style of all laws of this state the general assembly. shall be, “Be it enacted by the general assem- Sec. 22. No debt shall hereafter be con
tracted by the legislature, unless such debt place at which the general assembly is consball be authorized by a law providing for the vened. collection of an annual tax or taxes sufficient
Sec, 27. No senator or delegate shall be pay
the interest on such debt as it falls due, liable, in any civil action or criminal prosecuand also to discharge the principal thereof tion whatever, for words spoken in debate. within fifteen years from the time of contract- Sec. 28. The house of delegates may inquire, ing the same, and the taxes laid for this pur- on the oath of witnesses, into all complaints, , pose shall not be repealed or applied to any grievances and offences, as the grand inquest other object until the said debt and the inter- of the State, and may commit any person for est thereon shall be fully discharged, and the any crime to the public jail, there to remain. amount of debts so contracted and remaining until discharged by due course of law---they unpaid shall never exceed one hundred thou- may examine and pass all accounts of the sand dollars. The credit of the State shall State, relating either in the collection or exnot, in any manner, be given or loaned to or penditure of the revenue and appoint audir in aid of any individual, association or cor- tors to state and adjust the same--they may poration, nor shall the general assembly have call for all public or official papers, and rethe power, in any mode, to involve the State cords, and send for persons whom they may in the construction of works of internal im- judge necessary in the course of their inquiries provement, or in any enterprise which shall concerning affairs relating to the public interinvolve the faith or credit of the State, or est, and may direct all office bonds which make any appropriations therefor. And they shall be made payable to the State, to be sued shall not use or appropriate the proceeds of for any breach of duty. the internal improvement companies, or of the State tax now levied, or which may hereafter resignation, refusal to act, expulsion or remo
Sec. 29. In case of death, disqualification, be levied, to pay off the public debt, to any val from the county or city for which he shall other purpose, until the interest and debt are fully paid, or the sinking fund shall be equal have been chosen as a delegate or senator, or
have been elected, of any person who shall to the amount of the outstanding debt; but in case of a tie between two or the legislature may, without laying a tax, qualified persons, a warrant of election shall
more such sand dollars, to meet temporary deficiencies in gutes or president of the senate, as the case
be issued by the speaker of the house of delethe treasury, and may contract debts to any amount that may be necessary for the defence his place, of which election, not less than ten
may bey for the election of another person in of the State. Sec. 23. No extra compensation shall be day of the publication of the notice and of the
days notice shall be given, exclusive of the granted or allowed by the general assembly day of election ; and in case of such resignato any public officer, agent, servant or con
tion or refusal to act, being communicated in tracior, after the services shall have been rendered or the contract entered into. Nor shall king it, or if such death occur during the
writing, to the Governor, by the person mathe salary or compensation of any public offi- legislative recess and more than ten days becer be increased or diminished during his fore its termination, it shall be the duty of term of office.
the Governor to issue a warrant of election to SEC. 24. No senator or delegate, after qualifying as such, shall, during the term for supply the vacancy thus created in the same
manner that the said speaker or president which he was elected, be eligible to any office might have done during the session of the which shall have been created, or the salary or profits of which shall have been increased legislature ; provided, however, that unless a
meeting of the general assembly may interduring such term, or shall, during said term, hold any office or receive the salary or profits vene, the election thus ordered to fill such vaof any office under the appointment of the cancy shall be held on the day of the ensuing executive or legislature. Sec. 25. Each house may punish by im
Sec. 30. The senators and delegates shall prisonment, during the session of the general receive a per diem of four dollars, and such assembly, any person not a member, for disa mileage as may be allowed by law, and the respectful or disorderly behavior in its pres- presiding officer of each House shall be allowence, or for obstructing any of its proceedings ed an addition of one dollar per day. No or any of its officers in the execution of their book or other printed matter not appertainduties; provided such imprisonment shall ing to the business of the session, shall be not, at any one time, exceed ten days. purchased or subscribed for, for the use of the
Sec. 26. The members of each house shall, members or be distributed among them, at in all cases, except treason, felony, or other the public expense. criminal offence, be privileged from arrest Sec. 31. No law passed by the general asduring their atiendance at the session of the sembly shall take effect until the first day of general assembly, and in going to and return- June next after the session at which it may ing from the same, allowing one day for every be passed, unless it be otherwise expressly dethirty miles such member may reside from the clared therein.
Sec. 32. No law shall be passed creating ) cur in an impeachment; all impeachment: the office of attorney general.
shall be tried by the senate, and when sitting Sec. 33. The general assembly shall have for that purpose they shall be on oath o full power to exclude from the privilege of affirmation to do justice according to the law voting at elections, or of holding any civil or and evidence, but no person shall be convicted military office in this State, any person who without the concurrence of two-thirds of all may thereafter be convicted of perjury, the senators. bribery, or other felony, unless such person Sec. 42. That it shall be the duty of the shall have been pardoned by the executive. legislature so soon as the public debt shal
Seo. 34. Every bill, when passed by the have been fully paid off, to cause to be trans . general assembly, and sealed with the great ferred to the several counties and the city o! seal, shall be presented to the Governor, who Baltimore, stock in the internal improvement shall sign the same in the presence of the pre- companies, equal to tlie amount respectively siding officers and chief clerks of the senate paid by each towards the erection and com and house of delegates. Every law shall be pletion of said works, at the then market recorded in the office of the Court of Appeals, value of said stock. and in due time be printed, published and
Sec. 43. The legislature shall not pass any certified under the great seal to the several law abolishing the relation of master or slave, courts in the same manner as has been here- / as it now exists in this State. tofore usual in this State.
SEC. 44. No person shall be imprisoned for Sec. 35. No person who may hereafter be debt. a collector, receiver or holder of public mon- SEC. 45. The legislature hereafter shall eys, shall be eligible as senator or delegate, or grant no charter for banking purposes or re to any office of profit or trust under this State, new any banking corporation now in exisuntil he shall have accounted for and paid tence, except upon the condition that the into the treasury all sums on the books there- stockholders and directors shall be liable to of, charged to and due by him.
the amount of their respective share or shares Sec. 36. Any citizen of this State who of stock in such banking institution for all its shall, after the adoption of this constitution, debts and liabilities upon note, bill or other, either in or out of this State, fight a duel with wise; and upon the further condition that no deadly weapons, or send or accept a challenge director or other officer of said corporation so to do, or who shall act as second, or know- shall borrow any money from said corporaingly aid or assist in any manner those thus tion; and if any director or other officer shall offending, shall ever hereafter be incapable of be convicted upon indictment of directly or holding any office of trust or profit under this indirectly violating this article, he shall be State.
punished by fine or imprisonment at the disSec. 37. No lottery grant shall ever here- cretion of the court. All banks shall be open after be authorized by the legislature.
to inspection of their books, papers and acSec. 38. The general assembly shall pass counts, under such regulations as may be prelaws necessary to protect tire property of the scribed by law. wife, from the debts of the husband during
Sec. 46. The legislature skall enact no law her life, and for securing the same to her issue authorizing private property to be taken for after her death.
public use without just compensation as agreed Sec. 39. Laws shall be passed by tle legis- upon between the parties or awarded by a lature to protect from execution a reasonable jury, being first paid or tendered to the party amount of the property of a debtor, not ex- entitled to such compensation. ceeding in value the sum of five hundred dol- Sec. 47. Corporations may be formed unlars.
der general laws, but shall not be created by Sec. 40. The legislature shall, at its first special act, except for municipal purposes, and session after the adoption of this constitution, in cases where, in the judgment of the legisadopt some simple and uniform system of lature, the object of the corporation cannot charges in the offices of clerks of courts and be attained under general laws. All laws and registers of wills in the counties of this State special acts pursuant to this section may be and the city of Baltimore, and for the collec- altered from time to time, or repealed; provition thereof; provided, the amount of com-ded nothing herein contained shall be conpensation to any of said officers shall not ex- strued to alter, change or amend in any manceed the sum of twenty-five hundred dollars a ner the article in relation to banks. year, over and above office expenses, and SEC. 48. The legislature shall make proviscompensation to assistants; and provided, ion for all cases of contested elections of any further, that such compensation of clerks, 1 of the officers not herein provided for. registers, assistants and office expenses, shall
SEC. 49. That the rate of interest in this always be paid out of the fees or receipts of State shall not exceed six per cent. per anthe offices respectively.
num, and no higher rate shall be taken or Sec. 41. The house of delegates shall have demanded, and the legislature shall provide, the sole power of impeachment in all cases, by law, all necessary forfeitures and penalties but a majority of all the members must con- I against usury.
and the salary of each of the judges of the court of appeals shall be two thousand five
hundred dollars anuually, and shall not be SECTION 1. The judicial power of this State increased or diminished during their continushall be vested in a court of appeals, in cir- ance in office; and no fees or perquisites of cuit courts, in such courts for the city of Bal- any kind, shall be allowed by law to any of timore as may be hereinafter prescribed, and the said judges. in justices of the peace.
SEC. 5. No judge of the court of appeals SEC. 2. The court of appeals shall have ap- shall sit in any case wherein he may be interpellate jurisdiction only, which shall be co-ested, or where either of the parties may be extensive with the limits of the State. It connected with bim by affinity or consanshall consist of a chief justice and three asso- guinity within such degrees as may be preciate justices, any three of whom shall form ascribed by law, or when he shall have been of quorum, whose judgment shall be final and counsel in said case; when the court of apconclusive in all cases of appeals; and who peals, or any of its members shall be thus disshall have the jurisdiction which the present qualified to hear and determine any case or court of appeals of this State now has, and cases in said court, so that by reason thereof such other appella e jurisdiction as hereafter no judgment can be rendered in said court, may be provided for by law. And in every the same shall be certified to the Governor of case decided, an opinion, in writing, shall be the State, who shall immediately commission filed, and provision shall be made, by law, the requisite number of persons learned in for publishing reports of cases argued and de- the law for the trial and determination of termined in the said court. The Governor, said case or cases. . for the time being, by and with the advice SEC. 6. All judges of the court of appeals, and consent of the senate, shall designate the of the circuit courts, and of the courts for chief justice, and the court of appeals shall the city of Baltimore, shall, by virtue of their hold its sessions at the city of Annapolis, on offices, be conservators of the peace throughthe first Monday of June, and the first Mon- out the State. day of December, in each and every year. SEC. 7. All public commissions and grants
SEC. 3. The court of appeals shall appoint shall run thus. - The State of Maryland," its own clerk, who shall hold his office for six &c., and shall be signed by the Governor, years, and may be re-appointed at the end with the seal of the State annexed; all writs thereof; he shall be subject to removal by the and process shall run in the same style
, and said court for incompetency, neglect of duty, be tested, sealed and signed as usual; and all misdemeanor in office; and for such other indictments shall conclude "against the causes as may be prescribed by law.
peace, government and dignity of the State." Sec. 4. The State shall be divided into Sec. 8. The State shall be divided into four judicial districts : Allegany, Washing- eight judicial circuits, in manner and forma ton, Frederick, Carroll, Baltimore and Har- following, to wit: St. Mary's, Charles and ford counties, shall compose the first; Mont-Prince George's counties shall be the first; gomery, Howard, Anne Arundel, Calvert, St. Anne Arundel, Howard, Calvert and MontMary's, Charles and Prince George's, the sec- gomery counties shall be the second; Fredond; Baltimore city, the third ; and Cecil, erick and Carroll counties shall be the third ; Kent, Queen Anne's, Talbot, Caroline, Dor- Wasħington and Allegany counties shall be chester, Somerset and Worcester, shall com- the fourth ; Baltimore city shall be the fifth ; pose the fourth district. And one person Baltimore, Harford and Cecil counties shall from among those learned in the law, having be the sixth; Kent, Queen Anne's, Talbot and been admitted to practice in this State, and | Caroline counties shall be the seventh ; and who shall have been a citizen of this State Dorchester, Somerset and Worcester counties at least five years, and above the age of thirty shall be the eighth ; and there shall be elected years at the time of his election, and a resi- as hereinafter directed for each of the said dent of the judicial district, shall be elected judicial circuits, except the fifth, one person from each of said districts by the legal and from among those learned in the law, having qualified voters therein, as a judge of the said been admitted to practice in this State, and court of appeals, who shall hold his office for who shall have been a citizen of this State at the term of ten years from the time of his least five years, and above the age of thirty election, or until he shall have attained the years at the time of his election, and a resiage of seventy years, which ever may first dent of the judicial circuit to be judge therehappen, and be re-eligible thereto until he of; the said judges shall be styled circuit shall have attained the age of seventy years, judges, and shall respectively hold a term of and not after, subject to removal for incom- their courts at least twice in each year, or petency, wilful neglect of duty or misbeha- oftener if required by law, in each county vior in office, on conviction in a court of composing their respective circuits; and the law, or by the Governor upon the address of said courts shall be called circuit courts for the the general assembly, two-thirds of the mem-county in which they may be held, and shall bers of each house concurring in such address ; ' have and exercise in the several counties of