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SEC. 19. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases in which he is prohibited by other articles of this Constitution, and to remit fines and forfeitures for offences against the State; but shall not remit the principal or interest of any debt due to the State, except in cases of fines and forfeitures; and before granting a nolle prosequi, or pardon, he shall give notice, in one or more newspapers, of the application made for it, and of the day on or after which his decision will be given; and in every case in which he exercises this power, he shall report to either branch of the legislature, whenever required, the petitions, recommendations and reasons which influence his decision.

SEC. 20. The Governor shall reside at the seat of government, and shall receive for his services an annual salary of thirty-six hundred dollars.

SEC. 21. When the public interest requires it, he shall have power to employ counsel, who shall be entitled to such compensation as the legislature may allow in each case after the services of such counsel shall have been performed.

SEC. 22. A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the senate, who shall continue in office, unless sooner removed by the Governor, till the end of the official term of the Governor from whom he received his appointment, and shall receive an annual salary of one thousand dollars.

nor shall the whole number of delegates ever exceed eighty, or be less than sixty-five; and until the apportionment is made under the census of eighteen hundred and sixty, St. Mary's county shall be entitled to two delegates; Kent, two; Anne Arundel, three; Calvert, two; Charles, two; Baltimore county, six; Talbot, two; Somerset, four; Dorchester, three; Cecil, three; Prince George's, three; Queen Anne's, two; Worcester, three; Frederick, six; Harford, three; Caroline, two; Baltimore city, ten; Washington, five; Montgomery, two; Allegany, four; Carroll, three, and Howard, two.

SEC. 4. The members of the house of delegates shall be elected by the qualified voters of the counties and city of Baltimore respectively, to serve for two years from the day of their election.

SEC. 5. The first election for delegates shall take place on the first Wednesday of November, eighteen hundred and fifty-one; and the elections for delegates, and for one-half of the senators, as nearly as practicable, shall be held on the same day in every second year thereafter, but an election for senators shall be held in the year eighteen hundred and fifty-one, in Howard county, and all those counties in which senators were elected in the year eighteen hundred and forty-six.

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SEC. 6. Immediately after the senate shall have convened after the first election under this Constitution, the senators shall be divided, by lot, into two classes, as nearly equal in 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 proceedings, (which may, at all times, be inspected by a committee of either branch of the legislature,) and shall perform such other duties as may be prescribed by law, or as may properly belong to his office.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislature shall consist of two distinct branches, a senate and a house of delegates, which shall be styled "The General Assembly of Maryland."

two years, and senators shall be elected on the first Wednesday of November, eighteen hundred and fifty-three, for the term of four years, to supply their places; so that, after the first election, one-half of the senators may be chosen every second year; provided, that in no case shall any senator be placed in a class which shall entitle him to serve for a longer term than that for which he was elected. In case the number of senators be hereafter increased, such classification of the additional senators shall be made as to preserve as nearly as may be an equal number in each class.

SEC. 2. Every county of the State, and the 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 four years from the day of their election.

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SEC. 3. The legislature at its first session after the returns of the national census of eighteen hundred and sixty are published, and in like manner after each subsequent census, shall apportion the members of the house of delegates among the several counties of the State, according to the population of each, and shall always allow to the city of Baltimore four more delegates than are allowed to the most populous county, but no county shall be entitled to less than two members,

year eighteen hundred and fifty-three, and on the same day in the year eighteen hundred and fifty-four, and on the same day in every second year thereafter, and at no other time unless convened by the proclamation of the Governor.

SEC. 8. The general assembly may continue their first two sessions after the adoption of this Constitution, as long as, in the opinion of the two houses, the public interests may require it, but all subsequent regular sessions of the general assembly shall be closed on the tenth day of March next ensuing the time of

their commencement, unless the same shall be closed at an earlier day by the agreement of the two houses.

SEC. 9. No person shall be eligible as a senator or delegate who, at the time of his election, is not a citizen of the United States, and who has not resided at least three years next preceding the day of his election in this State, and the last year thereof in the county or city which he may be chosen to represent, if such county or city shall have been so long established, and if not, then in the county from which, in whole or in part, the same may have been formed; nor shall any person be eligible as a senator unless he shall have attained the age of twenty-five years, nor as a delegate unless he shall have attained the age of twenty-one years at the time of his election.

SEC. 10. No member of Congress, or persons holding any civil or military office under the United States, shall be eligible as a senator or delegate; and if any person shall, after his election as a senator or delegate, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

SEC. 11. No minister or preacher of the gospel, of any denomination, and no person holding any civil office of profit or trust under this State, except justices of the peace, shall be eligible as senator or delegate.

SEC. 12. Each house shall be judge of the qualifications and elections of its members, subject to the laws of the State-appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behavior, and with the consent of two-thirds, expel a member; but no member shall be expelled a second time for the same offence.

SEC. 13. A majority of 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. 14. The doors of each house and of committees of the whole shall be open, except when the business is such as ought to be kept secret.

SEC. 15. 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. 16. Neither house shall, without the consent of the other, adjourn for more than three days; nor 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. 17. The style of all laws of this State shall be, "Be it enacted by the general assem

bly of Maryland," and all laws shall be passed by original bill, and every law enacted by the legislature shall embrace but one subject, and that shall be described in the title, and no law or section of law shall be revived, amended or repealed by reference to its title or section. only; and it shall be the duty of the legislature, at the first session after the adoption of this constitution, to appoint two commissioners learned in the law, to revise and codify the laws of this State; and the said commissioners shall report the said code, so formed, to the legislature, within a time to be by it determined for its approval, amendment, or rejection; and, if adopted after the revision and codification of the said laws, it shall be the duty of the legislature, in amending any article or section thereof, to enact the same as the said article or section would read when amended. And whenever the legislature shall enact any public general law, not amendatory of any section or article in the said code, it shall be the duty of the legislature to enact the same in articles and sections, in the same manner as the said code may be arranged; and to provide for the publication of all additions and alterations which may be made to the said code, and it shall also be the duty of the legislature to appoint one or more commissioners learned in the law, whose duty it shall be to revise, simplify, and abridge the rules of practice, pleadings, forms of conveyancing, and proceedings of the courts of record, in this State.

SEC. 18. 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 three days of the session, or become a law, until it be read on three different days of the session in each house, unless three-fourths of the members of the house, where such bill is pending, shall so determine.

SEC. 19. No bill shall become a law unless it be passed in each house by a majority of the whole number of members elected, and on its final passage the ayes and noes be recorded.

SEC. 20. No money shall be drawn from the treasury of the State, except in accordance with an appropriation made 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 legislature from placing a contingent fund at the disposal of the executive, who shall report to the legislature 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. 21. No divorce shall be granted by the general assembly.

SEC. 22. No debt shall hereafter be con

tracted by the legislature, 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 the interest thereon shall be fully discharged, and the amount of debts so contracted and remaining unpaid shall never exceed one hundred thousand dollars. The credit of the State shall not, in any manner, be given or leaned 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, or in any enterprise which shall involve the faith or credit of the State, or make any appropriations therefor. 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 legislature 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. 23. No extra compensation shall be granted or allowed by the general assembly to any public officer, agent, servant or contracior, after the services shall have been rendered or the contract entered into. Nor shall dered 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. 24. No senator or delegate, after qualifying as such, shall, during the term 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, or shall, during said term, hold any office or receive the salary or profits of any office under the appointment of the executive or legislature.

SEC. 25. 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. 26. The members of each house shall, in all cases, except treason, felony, or other criminal offence, be privileged from arrest during their attendance at the session of the general assembly, and in going to and returning from the same, allowing one day for every thirty miles such member may reside from the

place at which the general assembly is convened.

SEC. 27. No senator or delegate shall be liable, in any civil action or criminal prosecu~ tion whatever, for words spoken in debate.

SEC. 28. 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 in the collection or expenditure of the revenue and appoint auditors to state and adjust the same-they may call for all public or official papers, and 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 of duty.

SEC. 29. In case of death, disqualification, resignation, refusal to act, expulsion or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a delegate or senator, or in case of a tie between two or more such qualified persons, a warrant of election shall be issued by the speaker of the house of delegates or president of the senate, as the case may be, for the election of another person in his place, of which election, not less than ten days notice shall be given, exclusive of the day of the publication of the notice and of the day of election; and in case of such resignation or refusal to act, being communicated in writing, to the Governor, by the person making it, or if such death occur during the legislative recess and more than ten days beking it, or if such death occur fore its termination, it shall be the duty of the Governor to issue a warrant of election to

supply the vacancy thus created in the same manner that the said speaker or president might have done during the session of the legislature; provided, however, that unless a meeting of the general assembly may intervene, the election thus ordered to fill such vacancy shall be held on the day of the ensuing election for delegates and senators.

SEC. 30. The senators and delegates shall receive a per diem of four dollars, and such mileage as may be allowed by law, and the presiding officer of each House shall be allowed an addition of one dollar per day. 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 or be distributed among them, at the public expense.

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 otherwise expressly declared therein.

Sec. 32. No law shall be passed creating the office of attorney general.

SEC. 33. The general assembly shall have full power to exclude from the privilege of voting at elections, or of holding any civil or military 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 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. 35. No person who may hereafter be a collector, receiver or holder of public moneys, 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.

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 second, or knowingly aid or assist in any manner those thus offending, shall ever hereafter be incapable of holding any office of trust or profit under this State.

SEC. 37. No lottery grant shall ever hereafter be authorized by the legislature.

SEC. 38. The general assembly shall pass laws necessary to protect the property of the wife, from the debts of the husband during her life, and for securing the same to her issue after her death.

SEC. 39. Laws shall be passed by the legislature to protect from execution a reasonable amount of the property of a debtor, not exceeding in value the sum of five hundred dollars.

cur in an impeachment; all impeachment: shall be tried by the senate, and when sitting for that purpose they shall be on oath o 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 legislature so soon as the public debt shal have been fully paid off, to cause to be trans ferred to the several counties and the city of Baltimore, stock in the internal improvement companies, equal to the amount respectively paid by each towards the erection and com pletion 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 re new any banking corporation now in exis tence, 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 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.

SEC. 46. The legislature 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. 47. Corporations may be formed under 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 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 the sole power of impeachment in all cases, but a majority of all the members must con

ner the article in relation to banks.

SEC. 48. The legislature shall make provision for all cases of contested elections of any of the officers not herein provided for.

SEC. 49. That the rate of interest in this 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.

SECTION 1. The judicial power of this State shall be vested in a court of appeals, in circuit courts, in such courts for the city of Baltimore as may be hereinafter prescribed, and in justices of the peace.

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 increased or diminished during their continuance in office; and no fees or perquisites of any kind, shall be allowed by law to any of the said judges.

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 him 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 a scribed 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 appellate 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 and consent of the senate, shall designate the chief justice, 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.

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. 6. All judges of the court of appeals, of the circuit courts, and of the courts for the city of Baltimore, shall, by virtue of their offices, be conservators of the peace throughout the State.

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SEC. 7. All públic commissions and grants shall run thus. "The State of Maryland," &c., and shall be signed by the Governor, with the seal of the State annexed; all writs and process shall run in the same style, and be tested, sealed and signed as usual; and all indictments shall conclude against the 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 form 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- Washington 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

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