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 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 [or] 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 deficiences in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State. State v. Hendrickson, 15 Md. 205. 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. Lucas v. McBlair, 12 G. & J. 1. 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. State v. Mace, 5 Md. 337. Trail v. Snouffer, 6 Md. 308. State v. Nicholson, 67 Md. 1. 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. Hammond v. Strauss, 53 Md. 1. Helfrich v. Catonsville Water Co., 74 Md. 269. O'Brien v. Baltimore Belt R. R. Co., 74 Md. 363. Clark Co. v. Colton, 91 Md. 231. 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. C. & O. Canal Co. v. B. & O. Railroad Co., 4 G. & J. 1. Tidewater Canal Co. v. Archer, 9 G. & J. 479. B. & S. Railroad Co. v. Compton, 2 Gill, 20. Alexander v. Mayor, &c., of Balto., 5 Gill, 383. Binney's Case, 2 BI. 99. Waring v. Warring, 2 Bl. 673. Hepburn's Case, 3 Bl. 95. Compton v. The Susquehanna Railroad, 3 Bl. 386. Baltimore v. McKim, 3 Bl. 453. Hamilton v. Annapolis & Elkridge Railroad Co., 1 Md. Ch. 107. Harness v. Chesapeake & Ohio Canal Co., 1 Md. Ch. 248. Hamilton v. Annapolis & Elkridge Railroad Co., 1 Md. 553. Hoye v. Swan, 5 Md. 237. Moale v. Mayor, &c., of Balto., 5 Md. 314. Steuart v. Mayor, &c., of Balto., 7 Md. 500. Graff v. Mayor, &c., Balto, 10 Md. 544. Reddall v. Bryan, 14 Md. 444. Western Md. R. R. Co. v. Owings, 15 Md. 199. Kane v. Mayor, &c., of Balto., 15 Md. 240. State v. Graves, 19 Md. 369. 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. Schindel v. Schindel, 12 Md. 294. Steffey v. Steffey, 19 Md. 9. Kennedy v. Lange, 50 Md. 91. Clark v. Wootton, 63 Md. 113. Beall v. Frank, 93 Md. 335. 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. Banks v. State, 60 Md. 305. Vansant v. State, 96 Md. 127. 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. State v. Jarrett & Harwood, 17 Md. 308. Groome v. Gwinn, 43 Md. 572. 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. 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; 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; the General Assembly shall not alter or amend the charter of any corporation existing at the time of the adoption of this Article, or pass any other general or special Law for the benefit of such corporation except upon the condition that such corporation shall surrender all claim to exemption from taxation or from the repeal or modification of its charter, and that such corporation shall thereafter hold its charter subject to the provisions of this Constitution; and any corporation chartered by this State which shall accept, use, enjoy or in anywise avail itself of any rights, privileges, or advantages that may hereafter be granted or conferred by any general or special Act, shall be conclusively presumed to have thereby surrendered any exemption from taxation to which it may be entitled under its charter, and shall be thereafter subject to taxation as if no such exemption has been granted by its charter.]* *As amended by Chapter 195, Acts of 1890, ratified by the people November 3, 1891. New Central Coal Co. v. George's Creek Coal and Iron Co., 37 Md. 537. Montell & Co. v. Consolidation Coal Co., 39 Md. 164. State v. Northern Central R. R. Co., 44 Md. 131. Reed v. Balto. Trust and Guarantee Co., 72 Md. 531. Jackson v. Walsh, 75 Md. 304. Webster v. Cambridge Female Seminary, 78 Md. 193. Phinney v. Sheppard Hospital, 88 Md. 638. State v. N. C. Ry. Co., 90 Md. 471. Scholle v. State, 90 Md. 734. Mealey v. Hagerstown, 92 Md. 745. 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. Lankford v. Commrs. Somerset Co., 73 Md. 105. 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 officer 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 offense 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. |