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A DECLARATION OF RIGHTS, &C.
THE parliament of Great Britain, by a declaratory act, having assumed a right to make laws to
bind the
Colonies in all cases whatsoever, and, in pursuance of such claim, endeavoured, by force of
arms, to
subjugate the United Colonies to an unconditional submission to their will and power, and
having at
length constrained them to declare themselves independent States, and to assume government
under the
authority of the people;-Therefore we, the Delegates of Maryland, in free and full Convention
assembled, taking into our most serious consideration the best means of establishing a good
Constitution in this State, for the sure foundation and more permanent security thereof, declare,
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I. That all government of right originates from the people, is founded in compact only, and
instituted
solely for the good of the whole.
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II. That the people of this State ought to have the sole and exclusive right of regulating the
internal
government and police thereof.
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III. That the inhabitants of Maryland are entitled to the common law of England, and the trial by
jury
according to the course of that law, and to the benefit of such of the English statutes, as existed at
the
time of their first emigration, and which, by experience, have been found applicable to their local
and
other circumstances, and of such others as have been since made in England, or Great Britain,
and have
been introduced, used and practised by the courts of law or equity; and also to acts of Assembly,
in
force on the first of June seventeen hundred and seventy-four, except such as may have since
expired,
or have been or may be altered by acts of Convention, or this Declaration of Rights--subject,
nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State: and
the
inhabitants of Maryland are also entitled to all property, derived to them, from or under the
Charter,
granted by his Majesiy Charles I. to Caecilius Calvert, Baron of Baltimore.
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IV. That all persons invested with the legislative or executive powers of government are the
trustees of
the public, and, as such, accountable for their conduct; wherefore, whenever the ends of
government
are perverted, and public liberty manifestly endangered, and all other means of redress are
ineffectual,
the people may, and of right ought, to reform the old or establish a new government. The
doctrine of
non-resistance, against arbitrary power and oppression, is absurd, slavish, and destructive of the
good
and happiness of mankind.
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V. That the right in the people to participate in the Legislature is the best security of liberty, and
the
foundation of all free government; for this purpose, elections ought to be free and frequent, and
every
man, having property in, a common interest with, and an attachment to the community, ought to
have a
right of suffrage.
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VI. That the legislative, executive and judicial powers of government, ought to be forever
separate and
distinct from each other.
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VII. That no power of suspending laws, or the execution of laws, unless by or derived from the
Legislature, ought to be exercised or allowed.
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VIII. That freedom of speech and debates, or proceedings in the Legislature, ought not to be
impeached in any other court or judicature.
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IX. That a place for the meeting of the Legislature ought to be fixed, the most convenient to the
members thereof, and to the depository of public records; and the Legislature ought not to be
convened
or held at any other place, but from evident necessity.
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X. That, for redress of grievances, and for amending, strengthening and preserving the laws, the
Legislature ought to be frequently convened.
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XI. That every man hath a right to petition the Legislature, for the redress of grievances, in a
peaceable
and orderly manner.
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XII. That no aid, charge, tax fee or fees, ought to be set, rated, or levied, under any pretence,
without
consent of the Legislature.
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XIII. That the levying taxes by the poll is grievous and oppressive, and ought to be abolished;
that
paupers ought not to be assessed for the support of government; but every other person in the
State
ought to contribute his proportion of public taxes, for the support of government; according to
his actual
worth, in real or personal property, within the States; yet fines, duties, or taxes, may properly
and
justly be imposed or laid; with a political view, for the good government and benefit of the
community.
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XIV. That sanguinary laws ought to be avoided, as far as is consistent with the safety of the
State: and
no law, to inflict cruel and unusual pains and penalties, ought to be made in any case, or at any
time
hereafter.
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XV. That retrospective laws, punishing facts committed before the existence of such laws, and
by them
only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore no ex
post
facto law ought to be made.
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XVI. That no law, to attaint particular persons of treason or felony, ought to be made in any case,
or at
any time hereafter.
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XVII. That every freeman, for any injury done him in his person or property, ought to have
remedy, by
the course of the law of the land, and ought to have justice and fight freely without sale, fully
without any
denial, and speedily without delay, according to the law oif the land.
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XVIII. That the trial of facts where they arise, is one of the greasest securities of the lives,
liberties and
estates of the people.
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XIX. That, in all criminal prosecutions, every man hath a right to be informed of the accusation
against
him; to have a copy of the indictment or charge in due time (if required) to prepare for his
defence; to
be allowed counsel; to be confronted with the witnesses against him; to have process for his
witnesses;
to examine the witnesses, for and against him, on oath; and to a speedy trial by an impartial jury,
without whose unanimous consent he ought not to be found guilty.
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XX . That no man ought to be compelled to give evidence against himself, in a common court of
law, or
in any other court, but in such cases as have been usually practised in this State, or may hereafter
be
directed by the Legislature.
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XXI. Thiat no freeman ought to be taken, or imprisoned, or disseized of his freehold, liberties, or
privileges, or awed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or
property,
but by the judgment of his peers, or by the law of the land.
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XXII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or
unusul
punishments inflicted, by the courts of law.
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XXIII. That all warrants, without oath or affirmation, to search suspected places, or to seize any
person
or property, are grievous and oppressive; and all general warrants-to search suspected places, or
to
apprehend suspected persons, without naming or describing the place, or the person in special-are
illegal, and ought not to be granted.
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XXIV. That there ought to be no forfeiture of any part of the estate of any person, for any crime
except
murder, or treason against the State, and then only on conviction and attainder.
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XXV. That a well-regulated militia is the proper and natural defence of a free government.
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XXVI. That standing armies are dangerous to liberty, and ought not to be raised or kept up,
without
consent of the Legislature.
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XXVII. That in all cases, and at all times, the military ought to be under strict subordination to
and
control of the civil power.
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XXVIII. That no soldier ought to be quartered in any house, in time of peace., without the
consent of
the owner, and in time of war, in such manner only, as the Legislature shall direct.
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XXIX. That no person, except regular soldiers, mariners, and marines in the service of this State,
or
militia when in actual service, ought in any case to be subject to or punishable by mnartial law.
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XXX. That the independency and uprightness of Judges are essential to the impartial
administration of
justice, and a great security to the rights and liberties of the people; wherefore the Chancellor and
Judges ought to hold commissions during good behaviour;
and the said Chancellor and Judges shall be removed for misbehaviour, on conviction in a court
of law,
and may be removed by the Governor, upon the address of the General Assembly; Provided,That
two-thirds of all the members of each House concur in such address. That salaries, liberal, but
not
profuse, ought to be secured to the Chancellor and the Judges, during the continuance of their
commissions, in such manner, and at such times, as the Legislature
shall hereafter direct, upon consideration of the circumstances of this State. No Chancellor or
Judge
ought to hold any other office, civil or military, or receive fees or perquisites of any kind.
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XXXI. That a long continuance, in the first executive departments of power or trust, is dangerous
to
liberty; a rotation, therefore, in those departments, is one of the best securities of permanent
freedom.
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XXXII. That no person ought to hold, at the same time, more than one office of profit, nor ought
any
person, in public trust, to receive any present from any foreign prince or state, or from the United
States, or any of them, without the approbation of this State.
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XXXIII. That, as it is the duty of every man to worship God in such manner as he thinks most
acceptable to him; all persons, professing the Christian religion, are equally entitled to protection
in their
religious liberty; wherefore no person ought by any law to be molested in his person or estate on
account of his religious persuasion or profession, or for his religious practice; unless, under
colour of
religion, any man shall disturb the good order, peace or safety of the State, or shall infringe the
laws of
morality, or injure others, in their natural, civil, or religious rights; nor ought any person to be
compelled
to frequent or maintain, or contribute, unless on contract, to maintain any particular place of
worship, or
any particular ministry; yet the Legislature may, in their discretion, lay a general and equal tax,
for the
support of the Christian religion; leaving to each individual the power of appointing the payment
over of
the money, collected from him, to the support of any particular place of worship or minister, or
for the
benefit of the poor of his own denomination, or the poor in general of any particular county: but
the
churches, chapels, glebes, and all other property now belonging to the church of England, ought
to
remain to the church of England forever. And all acts of Assembly, lately passed, for collecting,
monies
for building or repairing particular churches or chapels of ease, shall continue in force, and be
executed,
unless the Legislature shall, by act, supersede or repeal the same: but no county court shall assess
any
quantity of tobacco, or sum of money, hereafter, on the application of any vestrymen or church-
wardens; and every encumbent of the church of England, who hath remained in his parish, and
performed his duty, shall be entitled to receive the provision and support established by thle act,
entitled
"An act for the support of the clergy of the church of England, in this Province," till the
November court
of this present year, to be held for the county in which his parish shall lie, or partly lies or for
such time
as he hath remained in his parish, and performed his duty.
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[Act of 1809, Ch. 167. Ratified 1810. Amends Declaration of Rights #33]
An ACT to alter all such parts of the Declaration of Rights, Constitution and Form of
Government, as make it lawful to lay an equal and a general Tax for the support of the Christian
Religion.
BE IT ENACTED, by the General Assembly of Maryland, That it shall not be lawful for the
general assembly of this state to lay an equal and general tax, or any other tax, on the people of
this state, for the support of any religion.
II. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as part of said constitution and form of government, to all intents and
purposes, any thing in the said declaration of rights, constitution and form of government
contained, to the contrary notwithstanding.
III. AND BE IT ENACTED, That the several clauses and sections of the declaration of rights,
constitution and form of government, so far as they are contrary to the provisions of this act,
shall be,
and are hereby declared to be, repealed and annulled on the confirmation hereof.
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XXXIV. That every gift, sale, or devise of lands, to any minister, public teacher, or preacher of
the
gospel, as such, or to any religious sect, order or denomination, or to or for the support, use or
benefit
of, or in trust for, any minister, public teacher, or preacher of the gospel, as such, or any religious
sect,
order or denomination-and every gift or sale of goods, or chattels, to go in succession, or to take
place
after the death of the seller or donor, or to or for such support, use or benefit-and also every
devise of
goods or chattels to or for the support, use or benefit of any minister, public teacher, or preacher
of the
gospel, as such, or any religious sect, order, or denomination, without the leave of the
Legislature, shall
be void; except always any sale, gift, lease or devise of any quantity of land, not exceeding two
acres,
for a church, meeting, or other house of worship, and for a burying-ground, which shall be
improved,
enjoyed or used only for such purpose-or such sale, gift,.lease, or devise, shall be void.
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XXXV. That no other test or qualification ought to be required, on admission to any office of
trust or
profit, than such oath of support and fidelity to this State, and such oath of office, as shall be
directed by
this Convention, or the Legislature of this State, and a declaration of a belief in the Christian
religion.
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XXXVI. That the manner of administering an oath to any person, ought to be such, as those of
the
religious persuasion, profession, or denomination, of which such person is one, generally esteem
the
most effectual confirmation, by the attestation of the Divine Being. And that the people called
Quakers,
those called Dunkers, and those called Menonists, holding it unlawful to take an oath on any
occasion,
ought to be allowed to make their solemn affirmation, in the manner that Quakers have been
heretofore
allowed to affirm; and to be of the same avail as an oath, in all such cases, as the affirmation of
Quakers
hath been allowed and accepted within this State, instead of an oath. And further, on such
affirmation,
warrants to search for stolen goods, or for the apprehension or commitment of offenders, ought
to be
granted, or security for the peace awarded, and Quakers, Dunkers or Menonists ought also, on
their
solemn affirmation as aforesaid, to be admitted as witnesses, in all criminal cases not capital.
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[Act of 1794, Ch. 49. Ratified 1795. Amends article declaration of rights #36 and article 28]
An ACT to alter such parts of the constitution and form of government which prevent persons
conscientiously scrupulous of taking an oath from being members of the legislature, electors of
the senate, or to hold offices of profit and trust.
BE it enacted, by the General Assembly of Maryland,
That every person being a member of either of the religious sects or societies called Quakers,
Menonists, Tunkers or Nicolites, of New Quakers, and who shall be conscientiously scrupulous
of
taking an oath on any occasion, being otherwise qualified and duly elected a senator, delegate, or
elector of the senate, or being otherwise qualified and duly appointed or elected to any office of
profit
or trust, on making affirmation instead of taking the several oaths appointed by the constitution
and form
of government, and the several acts of assembly of this state now in force, or that hereafter may
be
made, such person may hold and exercise any office of profit or trust to which he may be
appointed or
elected, and may, by such affirmation, qualify himself to take a seat in the legislature, and to act
therein
as a member of the same in all cases whatever, or to be an elector of the senate, in as full and
ample a
manner, to all intents and purposes whatever, as persons are now competent and qualified to act
who
are not conscientiously scrupulous of taking such oaths.
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[Act of 1797, Ch. 118. Ratified 1798. Amends article 28, and Declaration of Rights #36]
An ACT to alter such parts of the declaration of rights, the constitution
And form of government, as prevent persons conscientiously scrupulous of taking an oath from
being witnesses in all cases.
WHEREAS persons conscientiously scrupulous of taking an oath labour under many and great
inconvenciencies, owing to their not being admitted to make their solemn affirmation as
witnesses in all
cases instead of an oath; therefore,
II. Be it enacted, by the General Assembly of Maryland,
That the people called Quakers, those called Nicolites or New Quakers, those called Dunkers,
and those called Menonists, holding it unlawful to take an oath on any occasion, shall be allowed
to
make their solemn affirmation as witnesses, in the manner that quakers have been heretofore
allowed to
affirm, which affirmation shall be of the same avail as an oath, to all intents and purposes
whatever.
III. And be it enacted, That before any of the persons aforesaid shall be admitted as a witness in
any court of justice in this state, the court shall be satisfied, by such testimony as they may
require, that such person is one of those who profess to be conscientiously scrupulous of taking
an oath.
IV. And be it enacted, That if this act shall be confirmed by the general assembly, after the next
election of delegates, in the first session after such new election, as the constitution and form of
government directs, that in such case this act, and the alterations and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as part of the said constitution and form of government, to all intents and
purposes, any thing in the said declaration of rights, constitution and form of government
contained, to the contrary notwithstanding
V. And be it enacted, That the several clauses and sections of the declaration of rights,
constitution and
form of government, contrary to the provisions of this act, so far as they respect either of the sect
or
societies aforesaid, shall be and are hereby declared to be repealed and annulled, on the
confirmation
hereof.
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[Act of 1817, Ch. 61. Ratified 1818. Amends article 28 and declaration of rights #36]
An act to alter such parts of the Declaration of Rights, the Constitution and Form of Government
as
relate to the administration of Oaths in certain cases.
Sec. 1. Be it enacted by the General Assembly of Maryland, That all persons professing the
Christian religion, who hold it unlawful to take an oath on any occasion, shall be allowed to
make their
solemn affirmation, in the same manner that Quakers have heretofore been allowed to affirm,
which
affirmation shall be of the same avail as an oath to all intents and purposes whatever.
2. And be it enacted, That before any such person shall be admitted as a witness or juror in
any
court of justice in this state, the court shall be satisfied, by competent testimony, that such person
is conscientiously scrupulous of taking an oath.
7. And be it enacted, That the several clauses and sections of the declaration of rights,
constitution
and form of government, contrary to the provisions of this act, shall be, and the same are hereby
declared to be, repealed and annulled, on the confirmation hereof.
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XXXV1I. That the city of Annapolis ought to have all its rights, privileges and benefits,
agreeable to its
Charter, and the acts of Assembly confirming and regulating the same, subject nevertheless to
such
alteration as may be made by this Convention, or any future Legislature.
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XXXVIII. That the liberty of the press ought to be inviolably preserved.
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XXXIX. That monopolies are odious, contrary to the spirit of a free government, and the
principles of
commerce; and ought not to be suffered.
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XL. That no title of nobility, or hereditary honours, ought to be granted in this State.
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XLI. That the subsisting resolves of this and the several Conventions held for this Colony, ought
to be in
force as laws, unless altered by this Convention, or the Legislature of this State.
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XLII. That this Declaration of Rights, or the Form of Government, to be established by this
Convention, or any part or either of them, ought not to be altered, changed or abolished, by the
Legislature of this State, but in such manner as this Convention shall prescribe and direct.
This Declaration of Rights was assented to, and passed, in Convention of the Delegates of the
freemen of Maryland, begun and held at Annapolis, the 14th day of August, A. D. 1776.
By order of the Convention.
MAT. TILGHMAN, President.
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I. THAT the Legislature consist of two distinct branches, a Senate and House of Delegates,
which shall
be styled, The General Assembly of Maryland.
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II. That the House of Delegates shall be chosen in the following manner: All freemen, above
twenty-
one years of age, having a free-hold of fifty acres of land, in the county in which they offer to
vote, and
residing therein-and all freemen, having property in this State above the value of thirty pounds
current
money, and having resided in the county, in which they offer to vote, one whole year next
preceding
the election, shall have a right of suffrage, in the election of Delegates for such county: and all
freemen,
so qualified, shall, on the first Monday of October, seventeen hundred and seventy-seven,, and
on the
same day in every year thereafter, assemble in the counties, in which they are respectively
qualified to
vote, at the court-house, in the said counties; or at such other place as the Legislature shall direct;
and,
when assembled, they shall proceed, to elect, viva voce, four Delegates, for their respective
counties,
of the most wise, sensible, and discreet of the people, residents in the county where they are to be
chosen, one whole year next preceding the election, above twenty-one years of age, and having,
in the
State, real or personal property above the value of five hundred pounds current money; and upon
the
final casting of the polls, the four persons who shall appear to have the greatest number of legal
votes
shall be declared and returned duly elected for their respective counties.
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[Act of 1801, Ch. 90. Ratified 1802, amends article 2, with some affect on articles 4, 5, and 6]
An ACT to alter such parts of the constitution and form of government as relate to voters, and
qualifications of voters.
BE IT ENACTED, by the General Assembly of Maryland,
That every free white male citizen of this state, and no other, above twenty-one years of age,
having
resided twelve months in the county next preceding the election at which he offers to vote, and
every
free white male citizen of this state above twenty-one years of age, and having obtained a
residence of
twelve months next preceding the election in the city of Baltimore or the city of Annapolis, and
at which
he offers to vote, shall have a right of suffrage, and shall vote by ballot in the election of such
county or
city, or either of them, for delegates to the general assembly, electors of the senate, and sheriffs.
II. AND BE IT ENACTED, That all and every part of the constitution and form of government
of this state repugnant to, or inconsistent with, the provisions of this act, shall be and the same
are hereby abrogated, annulled and made void.
III. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration of the said constitution
contained therein, shall be considered as a part, and shall constitute and be valid as a part, of the
said constitution and form of government, to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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[Act of 1809, Ch. 198. Ratified 1810. Amends article 2 and article 26]
An ACT to alter and abolish all such parts of the Constitution and Form of Government as
require a property qualification in Persons to be appointed or holding offices of profit or trust in
this State, and in Persons elected Members of the Legislature or Electors of the Senate.
BE IT ENACTED, by the General Assembly of Maryland,
That all such parts of the constitution and form of government as require a property qualification
in
persons to be appointed or holding offices of profit or trust in this state, and in persons elected
members of the legislature or electors of the senate, shall be and the same is hereby repealed and
abolished.
II. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alterations and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as a part of the said constitution and form of government, any thing in the
said constitution and form of government contained to the contrary notwithstanding.
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see text and explanation for our amendment #68
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III. That the Sheriff of each county, or, in case of sickness, his Deputy (summoning two Justices
of the
county, who are required to attend, for the preservation of the peace) shall be the judges of the
election, and may adjourn from day to day, if necessary, till the same be finished, so that the
whole
election shall be concluded in four days; and shall make his return thereof, under his hand, to the
Chancellor of this State for the time being.
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IV. That all persons qualifed, by the charter of the city of Annapolis, to vote for Burgesses, shall,
on the
same first Monday of October, seventeen hundred and seventy-seven, and on the same day in
every
year forever thereafter, elect, viva voce, by a majority of votes, two Delegates, qualified
agreeable to
the said charter; that the Mayor, Recorder, and Aldermen of the said city, or any three of them,
be
judges of the election, appoint the place in the said city for holding the same, and may adjourn
from day
to day, as aforesaid, and shall make return thereof, as aforesaid: but the inhabitants of the said
city shall
not be entitled to vote for Delegates for Anne-Arundel county, unless they have a freehold of
fifty acres
of land in the county distinct from the city.
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[Act of 1801, Ch. 90. Ratified 1802, amends article 2, with some affect on articles 4, 5, and 6]
An ACT to alter such parts of the constitution and form of government as relate to voters, and
qualifications of voters.
BE IT ENACTED, by the General Assembly of Maryland,
That every free white male citizen of this state, and no other, above twenty-one years of age,
having
resided twelve months in the county next preceding the election at which he offers to vote, and
every
free white male citizen of this state above twenty-one years of age, and having obtained a
residence of
twelve months next preceding the election in the city of Baltimore or the city of Annapolis, and
at which
he offers to vote, shall have a right of suffrage, and shall vote by ballot in the election of such
county or
city, or either of them, for delegates to the general assembly, electors of the senate, and sheriffs.
II. AND BE IT ENACTED, That all and every part of the constitution and form of government
of this state repugnant to, or inconsistent with, the provisions of this act, shall be and the same
are hereby abrogated, annulled and made void.
III. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration of the said constitution
contained therein, shall be considered as a part, and shall constitute and be valid as a part, of the
said constitution and form of government, to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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[Act of 1809, Ch. 38. Ratified 1810, amends article 4 and section 1, article 9099 county voting]
An ACT to alter and abolish all that part of the Constitution which permits certain Citizens of
Annapolis to vote for Delegates for Anne-Arundel County.
BE IT ENACTED, by the General Assembly of Maryland, That no person residing in the city of
Annapolis shall have a vote in the county of Anne-Arundel for delegates for the said county, and
all and every part of the constitution which enables persons holding fifty acres of land to vote in
said county, be and is hereby abolished; provided nevertheless, that if this act shall be confirmed
by the general assembly, after the next election of delegates, in the first session after such new
election, according to the constitution and form of government, shall constitute and be valid as
part thereof, and every thing therein contained repugnant to, or inconsistent with, this alteration
and amendment, shall be repealed and abolished.
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V. That all persons, inhabitants of Baltimore town, and having the same qualifications as electors
in the
county, shall, on the same first Monday in October, seventeen hundred and seventy-seven, and
on the
same day in every year forever thereafter, at such place in the said town as the Judges shall
appoint,
elect, viva voce, by a majority of votes, two Delegates, qualified as aforesaid: but if the said
inhabitants
of the town shall so decrease, as that a number of persons, having a right of suffrage therein, shall
have
been, for the space of seven years successively, less than one half the number of voters in some
one
county in this State, such town shall thenceforward cease to send two Delegates or
Representatives to
the House of Delegates, until the said town shall have one half of the number of voters in some
one
county in this State.
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[Act of 1797, Ch. 57. Ratified 1798, Amends article 5]
An ACT to alter and repeal those parts of the constitution and form
of government that make the commissioners of Baltimore-town
judges of the elections for delegates and for elector of the senate.
BE it enacted, by the General Assembly of Maryland,
That the mayor and second branch of the city council of the city of Baltimore, or any three
or more of them, for the time being, shall be judges of the elections for delegates of the city of
Baltimore, and for elector of the senate, and shall have and exercise all the rights and authorities
respecting such elections which were vested in the commissioners of Baltimore-town, in virtue of
the
constitution and form of government.
II. And be it enacted, That all such parts of the constitution and form of government as make the
commissioners of Baltimore-town judges of the elections for delegates, and for elector of the
senate, be
and the same are hereby repealed.
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[Act of 1801, Ch. 90. Ratified 1802, amends article 2, with some affect on articles 4, 5, and 6]
An ACT to alter such parts of the constitution and form of government as relate to voters, and
qualifications of voters.
BE IT ENACTED, by the General Assembly of Maryland,
That every free white male citizen of this state, and no other, above twenty-one years of age,
having
resided twelve months in the county next preceding the election at which he offers to vote, and
every
free white male citizen of this state above twenty-one years of age, and having obtained a
residence of
twelve months next preceding the election in the city of Baltimore or the city of Annapolis, and
at which
he offers to vote, shall have a right of suffrage, and shall vote by ballot in the election of such
county or
city, or either of them, for delegates to the general assembly, electors of the senate, and sheriffs.
II. AND BE IT ENACTED, That all and every part of the constitution and form of government
of this state repugnant to, or inconsistent with, the provisions of this act, shall be and the same
are hereby abrogated, annulled and made void.
III. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration of the said constitution
contained therein, shall be considered as a part, and shall constitute and be valid as a part, of the
said constitution and form of government, to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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VI. That the Commissioners of the said town, or any three or more of them, for the time being,
shall be
judges of the said election, and may adjourn, as aforesaid,and shall make return thereof, as
aforesaid:
but the inhabitants of the said town shall not be entitled to vote for, or be elected, Delegates for
Baltimore county: neither shall the inhabitants of Baltimore county, out of the limits of
Baltimore town,
be entitled to vote for, or be elected, Delegates for the said town.
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VII. That on refusal, death, disqualification, resignation, or removal out of this State of any
Delegate, or
on his becoming Governor, or member of the Council, a warrant of election shall issue by the
Speaker,
for the election of another in his place; of which ten days' notice, at least, (excluding the day of
notice,
and the day of election) shall be given.
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VIII. That not less than a majority of the Delegates, with their Speaker (to be chosen by them, by
ballot) constitute a House, for the transaction of any business other than that of adjourning.
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IX. That the House of Delegates shall judge of the election, and qualifications of Delegates.
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X. That the House of Delegates may originate all money bills, propose bills to the Senate, or
receive
those offered by that body; and assent, dissent, or propose amendments; that they may inquire on
the
oath of witnesses, into all complaints, grievances, and offences, as the grand inquest of this State;
and
may commit any person, for any crime, to the public jail, there to remain till he be discharged by
due
course of law. They may expel any member, for a great misdemeanor, but not a second time for
the
same cause. They may examine and pass all accounts of the State, relating either to the collection
or
expenditure of the revenue, or 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.
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XI. That the Senate may be at full and perfect liberty to exercise their judgment in passing
laws-and that
they may not be compelled by the House of Delegates, either to reject a money bill, which the
emergency of affairs may require, or to assent to some other act of legislation, in their conscience
and
judgment injurious to the public welfare-the House of Delegates shall not, on any occasion, or
under
any pretence, annex to, or blend with a money bill, an matter clause, or thing, not immediately
relating
to, and necessary for the imposing, assessing, levying, or applying the taxes or supplies, to be
raised for
the support of government, or the current expenses of the State: and to prevent altercation about
such
bills, it is declared, that no bill, imposing duties or customs for the mere regulation of commerce,
or
inflicting fines for the reformation of morals, or to enforce the execution of the laws, by which an
incidental revenue may arise, shall be accounted a money bill: but every bill, assessing, levying,
or
applying taxes or supplies, for the support of government, or the current expenses of the State, or
appropriating money in the treasury, shall be deemed a money bill.
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XII. That the House of Delegates may punish, by imprisonment, any person who shall be guilty
of a
contempt in their view, by any disorderly or riotous behaviour, or by threats to, or abuse of their
members, or by any obstruction to their proceedings. They may also punish, by imprisonment,
any
person who shall be guilty of at breach of privilege, by arresting on civil process, or by
assaulting any
of their members, during their sitting, or on their way to, or return from the House of Delegates,
or by
any assault of, or obstruction to their officers, in the execution of any order or process, or by
assaulting
or obstructing any witness, or any other person, attending on, or on their way to or from the
House, or
by rescuing any person committed by the House: and the Senate may exercise the same power, in
similar cases.
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XIII. That the Treasurers (one for the western, and another for the eastern shore) and the
Commissioners of the Loan Office, may be appointed by the House of Delegates, during their
pleasure;
and in case of refusal, death, resignation, disqualification, or removal out of the State, of any of
the said
Commissioners or Treasurers, in the recess of the General Assembly, the governor, with the
advice of
the Council, may appoint and commission a fit and proper person to such vacant office, to hold
the
same until the meeting of the next General Assembly.
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XIV. That the Senate be chosen in the following manner: All persons, qualified as aforesaid to
vote for
county Delegates, shall, on the first day of September, 1781, and on the same day in every fifth
year
forever thereafter, elect, viva voce, by a majority of votes, two persons for their respective
counties
(qualified as aforesaid to be elected county Delegates) to be electors of the Senate; and the
Sheriff of
each county or, in case of sickness, his Deputy (summoning two Justices of the county, who are
required to attend, for the preservation of the peace,) shall hold and be judge of the said
election, and
make return thereof, as aforesaid. And all persons, qualified as aforesaid, to vote for Delegates
for the
city of Annapolis and Baltimore town, shall, on the same first, Monday of September, 1781, and
on the
same day in every fifth year forever thereafter, elect, viva voce, by a majority of votes, one
person for
the said city and town respectively, qualified as aforesaid to be elected a Delegate for the said
city and
town respectively; the said election to be held in the same manner, as the election of Delegates
for the
said city and town; the right to elect the said elector, with respect to Baltimore town, to continue
as long
as the right to elect Delegates for the said town.
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see text and explanation for our amendment #68
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XV. That the said electors of the Senate meet at the city of Annapolis, or such other place as
shall be
appointed for convening the Legislature, on the third Monday in September, 1781, and on the
same
day in every fifth year forever thereafter, and they, or any twenty-four of them so met, shall
proceed to
elect, by ballot, either out of their own body, or the people at large, fifteen Senators (nine of
whom to
be residents on the western, and six to be residents on the eastern shore) men of the most
wisdom,
experience and virtue, above twenty-five years of age, residents of the State above three whole
years
next preceding the election, and having real and personal property above the value of one
thousand
pounds current money.
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see text and explanation for our amendment #68
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XVI. That the Senators shall be balloted for, at one and the same time, and out of the gentlemen
residents of the western shore, who shall be proposed as Senators, the nine who shall, on striking
the
ballots, appear to have the greatest numbers in their favour, shall be accordingly declared and
returned
duly elected: and out of the gentlemen residents of the eastern shore, who shall be proposed as
Senators, the six who shall, on striking the ballots, appear to have the greatest number in their
favour,
shall be accordingly declared and returned duly elected: and if two or more on the same shore
shall
have an equal number of ballots in their favour, by which the choice shall not be determined on
the first
ballot, then the electors shall again ballot, before they separate; in which they shall be confined to
the
persons who on the first ballot shall have an equal number: and they who shall have the greatest
number
in their favour on the second ballot, shall be accordingly declared and returned duly elected: and
if the
whole number should not thus be made up, because of an equal number, on the second ballot,
still
being in favour of two or more persons, then the election shall be determined by lot, between
those
who have equal numbers; which proceedings of the electors shall be certified under their hands,
and
returned to the Chancellor for the time being.
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XVII. That the electors of Senators shall judge of the qualifications and elections of members of
their
body; and, on a contested election, shall admit to a seat, as an elector, such qualified person as
shall
appear to them to have the greatest number of legal votes in his favour.
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XVIII. That the electors, immediately on their meeting, and before they proceed to the election of
Senators, take such oath of support and fidelity to this State, as this Convention, or the
Legislature,
shall direct; and also an oath " to elect without favour, affection, partiality, or prejudice, such
persons
for Senators, as they, in their judgment and conscience, believe best qualified for the office."
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XIX. That in case of refusal, death, resignation, disqualification, or removal out of this State, of
any
Senator, or on his becoming Governor, or a member of the Council, the Senate shall,
immediately
thereupon, or at their next meeting thereafter, elect by ballot (in the same manner as the electors
are
above directed to choose Senators) another person in his place, for the residue of the said term of
five
years.
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[Act of 1840, Ch. 230. Ratified 1841. Amends articles 19 and 48 ]
An act to amend the Constitution and Form of Government
of the State of Maryland.
SECTION 1. Be it enacted by the General Assembly of Maryland,
That, upon the resignation of a Senator during the
recess of the Senate, communicated, in writing, to the Governor,
or upon the death of any Senator during the recess,
it shall be the duty of the Governor to issue a warrant
of election, to supply vacancies thus created, in the
same manner as the President of the Senate for the time
being is authorised to do in virtue of an act to amend the
constitution and form of government of the State of Maryland,
chapter one hundred and ninety-seven, passed at December
session, eighteen hundred and thirty-six, and confirmed
December session, eighteen hundred and thirty-seven.
SEC. 2. And be it enacted, That, in all cases of resignation
or death, as aforesaid, the elections to supply the vacancies
shall take place at the time and places of the annual
election of delegates, unless such resignation or death
shall occur between the first day of September and the
meeting of the General Assembly in any year; in which
event elections shall be held at such time as shall be directed
by the Governor, with such notice as is provided by the
act of Assembly for the amendments of the constitution
and form of government, as aforesaid.
SEC. 3. And be it enacted, That the provisions of the
fourteenth and fifteenth sections of the act of December
session of the year eighteen hundred and thirty-six, chapter
one hundred and ninety-seven, be, and the same are
hereby declared to extend to the offices of the Judges of
the several Judicial Districts of this State, and to all other
offices of this State known to the constitution, concerning
the appointment of which no other mode shall have been
or may hereafter be provided, so as to authorize the Governor
to nominate, and by and with the advice and consent
of the Senate, to appoint to said offices, in case of
vacancies occurring therein; and to fill any vacancies that
may occur during the recess of the Senate, by granting
commissions, which shall expire on the appointment of the
same person, or of any other person, by and with the advice
and consent of the Senate, to the said offices, or at the expiration
of one calendar month ensuing the commencement
of the next regular session of the Senate, whichever shall
first occur.
SEC. 4. And be it enacted, That if this act shall be confirmed
by the General Assembly, after a new election of
delegates, in the first session after such new election, agreeably
to the provisions of the constitution and form of government,
then, and in such case, this act and the alterations
and amendments of the constitution therein contained,
shall be taken and considered, and shall constitute and be
valid as a part of said constitution and form of government,
any thing in the said constitution and form of government to
the contrary notwithstanding.
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XX. That not less than a majority of the Senate, with their President (to be chosen by them, by
ballot)
shall constitute a House, for the transacting any business, other than that of adjourning.
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XXI. That the Senate shall judge of the elections and qualifications of Senators.
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XXII. That the Senate may originate any other, except money bills, to which their assent or
dissent only
shall be, given; and may receive any other bills froml the House of Delegates, and assent, dissent,
or
propose amendments.
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XXIII. That the General Assembly meet annually, on the first Monday of November, and if
necessary,
oftener.
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see text and explanation for our amendment #68
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[Act of 1838, Ch. 411. Ratified 1839. Amends article 23]
An Act to amend the Constitution and form of Government
of this State, limiting the future sessions of the
General Assembly.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That all future Sessions of the General Assembly
of this State, shall close on the tenth day of
March, in each and every year, unless the same shall
be closed at an earlier day, by the agreement of the
two houses.
SEC. 2. And be it enacted, That if this act shall be
confirmed by the General Assembly, at its first session
after the next election of delegates to the General Assembly,
then this act and the amendment to the constitution
therein contained, shall constitute and be valid,
as a part of said constitution and form of government,
to all intents and purposes, any thing therein contained
to the contrary notwithstanding; and provided, this
act shall be published at least three months before such
new election.
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[Act of 1845, Ch. 269. Ratified 1846. Amends article 23, 48, and 49]
An act to alter and amend the Constitution and form of
Government of the State of Maryland, so as to substitute
Biennial for Annual sessions of the Legislature,
and for other purposes.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That the first election for delegates held in
pursuance of this act, shall take place on the first Wednesday
of October, in the year of our Lord eighteen hundred
and forty-seven, and on that day forever thereafter,
elections for delegates shall be held once in two years.
SEC. 2. And be it enacted, That the delegates elected
on the first Wednesday in October, eighteen hundred
and forty-seven, and at all succeeding elections forever
thereafter, shall be chosen for two years.
SEC. 3. And be it enacted, That the General Assembly
shall meet on the last Monday in December, eighteen
hundred and forty-seven, and on the same day in every
second year forever thereafter, and at no other time, unless
convened by proclamation of the Governor, who
shall have full power to convene the same, whenever he
may deem it expedient and proper.
SEC. 4. And be it enacted, That from and after the
first election of delegates, held in pursuance of this act,
the officers to be appointed by the Governor, with the
advice and consent of the Senate, as now provided, shall
be biennial instead of annual.
SEC. 5. And be it enacted, That it shall be the duty of
the Treasurer of Maryland, to transmit a written statement
of the condition of the finances of the State, to the Governor,
on the first Monday of January, eighteen hundred
and forty-eight, and on the same day in every year
thereafter, in which the legislature does not convene.
SEC. 6. And be it enacted, That if this act shall be confirmed
by the General Assembly, after a new election of
delegates, at the first session after such new election,
agreeably to the provisions of the constitution and form
of government, then and in such case, this act, and the
alterations and amendments of the constitution therein
contained, shall be taken and considered, and shall constitute
and be valid, as a part of said constitution and
form of government, any thing in the said constitution and
form of government to the contrary notwithstanding.
AND WHEREAS, it is to be desired, that the next legislature
may know whether so important an alteration in
the constitution and form of government of this State, as
is contemplated by this act, is in accordance with the
will of the people; therefore,
SEC. 6. And be it enacted, That at the next annual
election, for delegates to the General Assembly of Maryland,
the judges of election of the several cities and
and counties of this State, shall inquire of each voter, as
he casts his ballot, whether he is for or against the provisions
of this bill, and shall record his vote accordingly,
and the said judges shall make a due return of the respective
number of votes cast for, and those against the
same, in the same manner as returns are now made of the
votes cast for the Governor of this State; and any judge of
election failing to make return as aforesaid, shall be subject
to all the penalties for the non-compliance with the
existing election laws of this State.
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XXIV. That each House shall appoint its own officers, and settle its own rules of proceeding.
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XXV. That a person of wisdom, experience, and virtue, shall be chosen Governor, on the second
Monday of November, seventeen hundred and seventy-seven, and on the second Monday in
every
year forever thereafier, by the joint ballot of both Houses (to be taken in each House
respectively)
deposited in a conference room; the boxes to be examined by a joint committee of both Houses,
and
the numbers severally reported, that the appointment may be entered; which mode of taking the
joint
ballot of both Houses shall be adopted in all cases. But if two or more shall have an equal
number of
ballots in their favour, by which the choice shall not be determined on the first ballot, then a
second
ballot shall be taken, which shall be confined to the persons who on the first ballot, shall have
had an
equal number; and, if the ballots should again be equal between two or more persons, then the
election
of the Governor shall be determined by lot, between those who have equal numbers: and if the
person
chosen Governor shall die, resign, move out of the State, or refuse to act, (the General Assembly
sitting) the Senate and House of Delegates shall, immediately thereupon, proceed to a new
choice, in
manner aforesaid.
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[Act of 1811, Ch. 211. Ratified 1812. Amends article 25]
An Act to alter the time of the meeting of the General Assembly of this State, and for other
purposes.
BE IT ENACTED by the General Assembly of Maryland,
That the time of the meeting of the General Assembly shall be on the first Monday in December
in each
year, instead of the first Monday in November, as is now prescribed by the constitution and form
of
government.
II. AND BE IT ENACTED, That the Governor of this state shall be chosen on the second
Monday of December in each and every year, in the same manner as is now prescribed by the
constitution and form of government; and the council to the governor shall be elected on the first
Tuesday after the second Monday of December in each and every year, in the same manner as is
now prescribed by the constitution and form of government.
III. AND BE IT ENACTED, That all annual appointments of civil officers in this state shall be
made in the third week of December in every year, in the same manner as the constitution and
form of government now directs.
IV. AND BE IT ENACTED, That all and every part of the constitution and form of government
that is repugnant to or inconsistent with the provisions of this act, be, and the same is hereby
repealed, abrogated and annulled, upon the confirmation hereof.
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[Act of 1823, Ch. 111. Ratified 1824. Amends or affects articles 28, 29, 25 and 49]
An act to alter the time of the meeting of the General Assembly of this state,
and for other purposes
Sec. 1. Be it enacted by the General Assembly of Maryland, That
the time of the meeting of the General Assembly of this state, shall
be on the last Monday of December, in each year, instead of the first
Monday of said month as is now prescribed by the constitution and
form of government.
2. And be it enacted, That the Governor of this state shall be chosen
on the first Monday of January, in each and every year, in the
same manner as is now prescribed by the constitution and form of
government, and the council to the governor shall be elected on the
first Tuesday after the first Monday of January, in each and every
year, in the same manner as is now prescribed by the constitution
and form of government.
3. And be it enacted, That all annual appointments of civil officers
in this state shall be made in the third week of January, in every year,
in the same manner as the constitution and form of government now
directs.
4. And be it enacted, That all and every part of the constitution
and form of government that is repugnant to, or inconsistent with
the provisions of this act, be, and the same are hereby repealed, abrogated
and annulled upon the confirmation hereof.
5. And be it enacted, That if this act shall be confirmed by the
General Assembly after the next election of delegates, in the first session
after such new election, as the constitution and form of government
directs, that in such case this act and the alterations and amendments
therein contained shall be taken and considered, and shall constitute
and be valid as a part of the said constitution and form of government
to all intents and purposes, any thing in said constitution
and form of government to the contrary notwithstanding.
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[Act of 1846, Ch. 342. Ratified 1847. Amends article 25]
An act to alter and amend the Constitution and Form of
Government of the State of Maryland, so as to make
the Returns of Election for Governor to the Chancellor
of this State, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That the returns of the election for Governor,
in the year eighteen hundred and fifty, and forever
thereafter, shall be made in like manner as in electors of
president and vice president, save that form of the certificate
shall be varied to suit the case; and save also, that
the returns, instead of being made to the Governor, shall be
made to the Chancellor of the State, and addressed to
the Chancellor of Maryland, under cover by the several
judges of elections, in the different counties of this State,
Howard District and the city of Baltimore.
SEC. 2. And be it enacted, That, of the persons voted
for as Governor at any such election, the person having,
in the judgment of the Chancellor, the highest number
of legal votes, and possessing the legal qualifications,
and resident in the district from which the Governor, at
such election, is to be taken, shall be declared, by proclamation
of the Chancellor, within ten days after such
election returns have been received, duly elected Governor
of Maryland, and shall qualify as such in the manner
prescribed by the constitution and laws of this State,
on the first Monday of January next ensuing his election,
or as soon thereafter as may be.
SEC. 3. And be it enacted, That excepting the cases
hereinafter provided, the Chancellor shall decide all
questions in relation to the number and legality of the
votes given for each and every person voted for as Governor,
and in relation to the returns, and in relation to
the qualification of persons voted for as Governor.
SEC. 4. And be it enacted, That in case two or more
persons, legally qualified according to the provisions of
the constitution of this State, shall have an equal number
of legal votes, then and in that case the Chancellor shall
communicate the fact, within ten days after the reception
of the election returns of the State, in writing to the
then Governor, whose duty it shall be, and who is hereby
authorised and directed to convene, by proclamation,
upon reasonable notice, the General Assembly, before
whom the Chancellor shall forthwith lay all the election
returns, and the Senate and House of Delegates, upon
joint ballot, shall determine which one of them shall be
Governor, and the one which, upon counting the ballots,
shall have the highest number of votes, shall be Governor,
and shall qualify as such.
SEC. 5. And be it enacted, That in case any one voted
for at such an election as Governor, and possessing the
legal qualifications, according to the constitution of this
State, shall come forward within thirty days after such
election, and made oath, before the Chancellor of Maryland,
that he has good and sufficient reason to believe
that corruption existed on the part of the judges of
elections, or any of them, and that he is prepared to
prove the fact, or that he is prepared to prove that a sufficient
number of illegal votes were cast at such election
as to defeat the election of the candidate who may have
the returns, then in that case, or either of them, the
Chancellor shall, without delay, communicate, in writing,
to the then Governor of the State, all the facts in the
premises, and upon such representation of facts, the
Governor is hereby authorised and directed to convene,
by proclamation, upon reasonable notice, the Senate of
Maryland, before whom the Chancellor shall forthwith
lay all the election returns for Governor, with the affidavit
of the contestant; the Senate, when so convened,
shall decide all questions in relation to the number or
legality of the votes given for each and any person voted
for as Governor, and in relation to the returns, and in relation
to the qualification of the persons voted for as Governor,
and all other questions growing out of such a
state of facts, shall be decided by the Senate.
SEC. 6. And be it enacted, That if this act shall be
confirmed by the General Assembly, after a new election
of delegates, at the first session after such new election,
agreeably to the provisions of the constitution and form
of government, then and in such case, this act, and the alterations
and amendments of the constitution therein
contained, shall be taken and considered, and shall constitute
and be valid as a part of said constitution and
form of government, anything in the said constitution
and form of government to the contrary notwithstanding.
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XXVI. That the Senators and Delegates, on the second Tuesday of November, 1777, and
annually on
the second Tuesday of November forever thereafter, elect by joint ballot (in the same manner as
Senators are directed to be chosen) five of the most sensible, discreet, and experienced men,
above
twenty-five years of age, residents in the State above three years next preceding the election, and
having therein a freehold of lands and tenements, above the value of one thousand pounds
current
money, to be the Council to the Governor, whose proceedings shall be always entered on record,
to
any part whereof any member may enter his dissent; and their advice, if so required by the
Governor,
or any member of the Council, shall be given in writing, and signed by the members giving the
same
respectively : which proceedings of the Council shall be laid before the Senate, or House of
Delegates,
when called for by them or either of them. The Council may appoint their own Clerk, who shall
take
such oath of suport and fidelity to this State, as this Convention, or the Legislature, shall direct:
and of
secrecy, in such matters as he shall be directed by the board to keep secret.
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[Act of 1809, Ch. 198. Ratified 1810. Amends article 2 and article 26]
An ACT to alter and abolish all such parts of the Constitution and Form of Government as
require a property qualification in Persons to be appointed or holding offices of profit or trust in
this State, and in Persons elected Members of the Legislature or Electors of the Senate.
BE IT ENACTED, by the General Assembly of Maryland,
That all such parts of the constitution and form of government as require a property qualification
in
persons to be appointed or holding offices of profit or trust in this state, and in persons elected
members of the legislature or electors of the senate, shall be and the same is hereby repealed and
abolished.
II. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alterations and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as a part of the said constitution and form of government, any thing in the
said constitution and form of government contained to the contrary notwithstanding.
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XXVII. That the Delegates to Congress, from this State, shall be chosen annually, or superseded
in the
mean time by the joint ballot of both Houses of Assembly; and that there be a rotation, in such
manner,
that at least two of the number be annually changed; and no person shall be capable of being a
Delegate
to Congress for more than three in any term of six years; and no person, who holds any office of
profit
in the gift of Congress, shall be eligible to sit in Congress; but if appointed to any such office, his
seat
shall be thereby vacated. That no person, unless above twenty-one years of age, and a resident in
the
State more than five years next preceding the election, and having real and personal estate in this
State
above the value of one thousand pounds current money, shall be eligible to sit in Congress.
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XXVIII. That the Senators and Delegates, immediately on their annual meeting, and before they
proceed to any business, and every person, hereafter elected a Senator or Delegate, before he
acts as
such, shall take an oath of support and fidelity to this State, as aforesaid; and before the election
of a
governor, or members of the Council, shall take an oath, "elect without favour, affection,
partiality or
prejuqice, such person as Governor, or member of the Council, as they, in their judgment and
conscience, believe best qualified for the oflice."
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[Act of 1794, Ch. 49. Ratified 1795. Amends declaration of rights #36 and article 28]
An ACT to alter such parts of the constitution and form of government which prevent persons
conscientiously scrupulous of taking an oath from being members of the legislature, electors of
the senate, or to hold offices of profit and trust.
BE it enacted, by the General Assembly of Maryland,
That every person being a member of either of the religious sects or societies called Quakers,
Menonists, Tunkers or Nicolites, of New Quakers, and who shall be conscientiously scrupulous
of
taking an oath on any occasion, being otherwise qualified and duly elected a senator, delegate, or
elector of the senate, or being otherwise qualified and duly appointed or elected to any office of
profit
or trust, on making affirmation instead of taking the several oaths appointed by the constitution
and form
of government, and the several acts of assembly of this state now in force, or that hereafter may
be
made, such person may hold and exercise any office of profit or trust to which he may be
appointed or
elected, and may, by such affirmation, qualify himself to take a seat in the legislature, and to act
therein
as a member of the same in all cases whatever, or to be an elector of the senate, in as full and
ample a
manner, to all intents and purposes whatever, as persons are now competent and qualified to act
who
are not conscientiously scrupulous of taking such oaths.
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[Act of 1797, Ch. 118. Ratified 1798. Amends article 28, and Declaration of Rights #36]
An ACT to alter such parts of the declaration of rights, the constitution
And form of government, as prevent persons conscientiously scrupulous of taking an oath from
being witnesses in all cases.
WHEREAS persons conscientiously scrupulous of taking an oath labour under many and great
inconvenciencies, owing to their not being admitted to make their solemn affirmation as
witnesses in all
cases instead of an oath; therefore,
II. Be it enacted, by the General Assembly of Maryland,
That the people called Quakers, those called Nicolites or New Quakers, those called Dunkers,
and those called Menonists, holding it unlawful to take an oath on any occasion, shall be allowed
to
make their solemn affirmation as witnesses, in the manner that quakers have been heretofore
allowed to
affirm, which affirmation shall be of the same avail as an oath, to all intents and purposes
whatever.
III. And be it enacted, That before any of the persons aforesaid shall be admitted as a witness in
any court of justice in this state, the court shall be satisfied, by such testimony as they may
require, that such person is one of those who profess to be conscientiously scrupulous of taking
an oath.
IV. And be it enacted, That if this act shall be confirmed by the general assembly, after the next
election of delegates, in the first session after such new election, as the constitution and form of
government directs, that in such case this act, and the alterations and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as part of the said constitution and form of government, to all intents and
purposes, any thing in the said declaration of rights, constitution and form of government
contained, to the contrary notwithstanding
V. And be it enacted, That the several clauses and sections of the declaration of rights,
constitution and
form of government, contrary to the provisions of this act, so far as they respect either of the sect
or
societies aforesaid, shall be and are hereby declared to be repealed and annulled, on the
confirmation
hereof.
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[Act of 1817, Ch. 61. Ratified 1818. Amends article 28 and declaration of rights #36]
An act to alter such parts of the Declaration of Rights, the
Constitution and Form of Government as relate to the administration
of Oaths in certain cases.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
all persons professing the Christian religion, who hold it unlawful
to take an oath on any occasion, shall be allowed to make their
solemn affirmation, in the same manner that Quakers have heretofore
been allowed to affirm, which affirmation shall be of the same
avail as an oath to all intents and purposes whatever.
2. And be it enacted, That before any such person shall be admitted
as a witness or juror in any court of justice in this state,
the court shall be satisfied, by competent testimony, that such person
is conscientiously scrupulous of taking an oath.
7. And be it enacted, That the several clauses and sections of the
declaration of rights, constitution and form of government, contrary
to the provisions of this act, shall be, and the same are hereby
declared to be, repealed and annulled, on the confirmation
hereof.
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[Act of 1822, Ch. 204. Ratified 1823. Amends Article 28]
An act to alter and change all such parts of the constitution and form of government as relate to
the oaths to be taken by the members of the senate and house of delegates and all other officers
therein mentioned.
Section 1. Be it enacted by the General Assembly of Maryland, That
every member of the senate and house of delegates, before he shall
act as such, shall take and subscribe the following oath or affirmation,
to wit: I, A. B. do swear, (or affirm as the case may be,) that I will
be faithful and bear true allegiance to the state of Maryland, and
that I will support the constitution and laws thereof; that I will not
directly or indirectly receive the profits, or any part of the profits of
any other office during the time of my acting as senator (or member
of the house of delegates) and that I will faithfully discharge my
duty as senator (or member of the house of delegates) without prejudice
or partiality to the best of my skill and judgment. And that
electors of the senate and all executive and judicial officers, before they
act as such, and all persons elected or appointed to any office of profit
or trust, civil or military, before entering upon the duties thereof, shall
respectively take and subscribe the following oath or affirmation, to
wit: I, A. B. do swear, (or affirm, as the case may be,) that I will be
faithful and bear true allegiance to the state of Maryland, and that I
will support the constitution and laws thereof, and that I will to the
best of my skill and judgment, diligently and faithfully, without
partiality or prejudice execute the office of according to the
constitution and laws of this state.
2. And be it enacted, That all such parts of the constitution and
form of government as relate to the oaths or affirmations to be taken
by the senate and members of the house of delegates, and by all persons
elected or appointed to any office of profit or trust, civil or military,
before entering upon the duties thereof, be and the same are
hereby repealed.
3. And be it enacted, That this act shall be in force from and after
the first day of July in the year eighteen hundred and twenty four,
and shall thereafter be taken and considered, and shall constitute a
part of the constitution and form of government; Provided, the same
be confirmed by the general assembly after the next election of delegates
in the first session after such new election as the said constitution
and form of government directs.
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[Act of 1823, Ch. 111. Ratified 1824. Amends or affects articles 28, 29, 25 and 49]
An act to alter the time of the meeting of the General Assembly of this state,
and for other purposes
Sec. 1. Be it enacted by the General Assembly of Maryland, That
the time of the meeting of the General Assembly of this state, shall
be on the last Monday of December, in each year, instead of the first
Monday of said month as is now prescribed by the constitution and
form of government.
2. And be it enacted, That the Governor of this state shall be chosen
on the first Monday of January, in each and every year, in the
same manner as is now prescribed by the constitution and form of
government, and the council to the governor shall be elected on the
first Tuesday after the first Monday of January, in each and every
year, in the same manner as is now prescribed by the constitution
and form of government.
3. And be it enacted, That all annual appointments of civil officers
in this state shall be made in the third week of January, in every year,
in the same manner as the constitution and form of government now
directs.
4. And be it enacted, That all and every part of the constitution
and form of government that is repugnant to, or inconsistent with
the provisions of this act, be, and the same are hereby repealed, abrogated
and annulled upon the confirmation hereof.
5. And be it enacted, That if this act shall be confirmed by the
General Assembly after the next election of delegates, in the first session
after such new election, as the constitution and form of government
directs, that in such case this act and the alterations and amendments
therein contained shall be taken and considered, and shall constitute
and be valid as a part of the said constitution and form of government
to all intents and purposes, any thing in said constitution
and form of government to the contrary notwithstanding.
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[Act of 1824, Ch. 129. Ratified 1825. Amends article 28]
An act to alter and abolish so much of the Constitution and form of government
of the state of Maryland, as relates to the oath to be taken by the
Senators and Delegates, previous to the election of Governor and Council.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That so much of the twenty-eighth section of the constitution and the
state of Maryland as requires of the senators and delegates before
the election of governor or council, on oath " to elect without
favor partiality or prejudice, such person as governor or members
of the council as they in their judgment and conscience believe
best qualified for the office," be, and the same is hereby repealed.
2. And be it enacted, That if this act shall be confirmed by the
General Assembly, after the next election of delegates in the first
session after such election, as the constitution and form of government
directs, in such case this act and the alteration in the said
constitution contained therein, shall be considered as a part, and
shall constitute and be valid as a part of the said constitution and
form of government to all intents and purposes, any thing therein
contained to the contrary notwithstanding.
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XXIX. That the Senate and Delegates may adjourn themselves respectively: but if the two
Houses
should not agree on the same time, but adjourn to different days, then shall the Governor appoint
and
notify one of those days, or some day between, and the Assembly shall then meet and be held
accordingly; and he shall, if necessary, by advice of the Council, call them before the time, to
which
they shall in any manner be adjourned, on giving not less than ten days' notice thereof; but the
Governor
shall not adjourn the Assembly, otherwise than as aforesaid, nor prorogue or dissolve it, at any
time.
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No Section Text |
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[Act of 1823, Ch. 111. Ratified 1824. Amends or affects articles 28, 29, 25 and 49]
An act to alter the time of the meeting of the General Assembly of this state,
and for other purposes
Sec. 1. Be it enacted by the General Assembly of Maryland, That
the time of the meeting of the General Assembly of this state, shall
be on the last Monday of December, in each year, instead of the first
Monday of said month as is now prescribed by the constitution and
form of government.
2. And be it enacted, That the Governor of this state shall be chosen
on the first Monday of January, in each and every year, in the
same manner as is now prescribed by the constitution and form of
government, and the council to the governor shall be elected on the
first Tuesday after the first Monday of January, in each and every
year, in the same manner as is now prescribed by the constitution
and form of government.
3. And be it enacted, That all annual appointments of civil officers
in this state shall be made in the third week of January, in every year,
in the same manner as the constitution and form of government now
directs.
4. And be it enacted, That all and every part of the constitution
and form of government that is repugnant to, or inconsistent with
the provisions of this act, be, and the same are hereby repealed, abrogated
and annulled upon the confirmation hereof.
5. And be it enacted, That if this act shall be confirmed by the
General Assembly after the next election of delegates, in the first session
after such new election, as the constitution and form of government
directs, that in such case this act and the alterations and amendments
therein contained shall be taken and considered, and shall constitute
and be valid as a part of the said constitution and form of government
to all intents and purposes, any thing in said constitution
and form of government to the contrary notwithstanding.
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see text and explanation for our amendment #68
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XXX. That no person, unless above twenty-five years of age, a resident in this State above five
years
next preceding the election--and having in the State real and personal property, above the value
of five
thousand pounds, current money, (one thousand pounds whereof, at least, to be freehold estate)
shall
be eligible as governor.
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XXXI. That the governor shall not continue in that office longer than three years successively,
nor be
eligible as Governor, until the expiration of four years after he shall have been out of that office.
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XXXII. That upon the death, resignation, or removal out of this State, of the Governor, the first
named
of the Council, for the time being, shall act as Governor, and qualify in the same manner; and
shall
immediately call a meeting of the General Assembly, giving not less than fourteen days' notice of
the
meeting, at which meeting, a Governor shall be appointed, in manner aforesaid, for the residue of
the
year.
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No Section Text |
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[Act of 1809 (June Session), Ch. 16. Ratified 1809. Amends articles 32 and 37]
An ACT to alter the thirty-second and thirty-seventh articles of the constitution and form of
government.
BE IT ENACTED, by the General Assembly of Maryland,
That hereafter, upon the death, resignation, or removal out of this state, of the governor, it shall
not be
necessary to call a meeting of the legislature to fill the vacancy occasioned thereby, but the first
named
of the council for the time being, shall qualify and act as a governor until the next meeting of the
general assembly, at which meeting a governor shall be chosen in the manner heretofore
appointed and
directed.
II. AND BE IT ENACTED, That hereafter no governor shall be capable of holding any other
office of profit during the time for which he shall be elected.
III. AND BE IT ENACTED, That so much of the thirty-second and thirty-seventh articles of the
constitution and form of government as is repugnant to, or inconsistent with, the provisions of
this act, be and the same are hereby abrogated and abolished.
IV. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as a part of the said constitution and form of government, any thing
therein contained to the contrary notwithstanding.
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XXXIII. That the Governor, by and with the advice and consent of the Council, may embody the
militia; and, when embodied, shall alone have the direction thereof; and shall also have the
direction of
all the regular land and sea forces, under the laws of this State, (but he shall not command in
person,
unless advised thereto by the Council, and then, only so long as they shall approve thereof); and
may
alone exercise all other the executive powers of government, where the concurrence of the
Council is
not required, according to the laws of this State; and grant reprieves, or pardons for any crime,
except
in such cases where the law shall otherwise direct; and may, during the recess of the General
Assembly,
lay embargoes, to prevent the departure of any shipping, or the exportation of any commodities,
for any
time not exceeding thirty days in any one year-summoning the General Assembly to meet within
the time
of the continuance of such embargo; and may also order and compel any vessel to ride
quarantine, if
such vessel, or the port from which she may have come, shall, on strong grounds, be suspected to
be
infected with the plague; but the Governor shall not, under any pretence, exercise any power or
prerogative by virtue of any law, statute, or custom of England or Great Britain.
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XXXIV. That the Members of the Council, or any three or more of them, when convened, shall
constitute a board for the transacting of business; that the Governor, for the time being, shall
preside in
the Council, and be entitled to a vote, on all questions in which the Council shall be divided in
opinion;
and, in the absence of the Governor, the first named of the Council shall preside; and as such,
shall also
vote, in all cases, where the other members disagree in their opinion.
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XXXV. That, in case of refusal, death, resignation, disqualification, or removal out of the State,
of any
person chosen a member of the council, the members thereof, immediately thereupon, or at their
next
meeting thereafter, shall elect by ballot another person (qualified as aforesaid) in his place, for
the
residue of the year.
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XXXVI. That the Council shall have power to make the Great Seal of this State, which shall be
kept by
the Chancellor for the time being, and affixed to all laws, commissions, grants, and other public
testimonials, as has been heretofore practised in this State.
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XXXVII. That no Senator, Delegate of Assembly, or member of the Council, if he shall qualify
as such,
shall hold or execute any office of profit, or receive the profis of any office exercised by any
other
person, during the time for which he shall be elected; nor shall any Governor be capable of
holding any
other office of profit in this State, while he acts as such. And no person, holding a place of profit
or
receiving any part of the profits thereof, or receiving the profits or any part of the profits arising
on any
agency, for the supply of clothing or provisions for the Army or Navy, or holding any office
under the
United States, or any of them-or a minister, or preacher of the gospel, of any denomination--or
any
person, employed in the regular and service, or marine, of this or the United States-shall have a
seat in
the General Assembly or the Council of this State.
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No Section Text |
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[Act of 1791, Ch. 80. Ratified 1792. Amends article 37]
An ACT to prohibit members of congress, or persons in office under the United States, from
being
eligible as members of the legislature or council, or holding offices in this state.
BE it enacted, by the General Assembly of Maryland,
That no member of congress, or person holding an office of trust or profit under the United
States, shall be capable of having a seat in the general assembly, or being an elector of the senate,
or
holding any office of trust or profit under this state; and if any member of the general assembly,
elector
of the senate, or person holding an office of trust or profit under this state, shall take his seat in
congress, or accept an office of trust or profit under the United States, or being elected to
congress, or
appointed to an office of trust or profit under the United States, not make his resignation of his
seat in
congress, or of his office, as the case may be, within thirty days after notice of his election or
appointment to office as aforesaid, his seat in the legislature of this state, or as elector of the
senate, or
of his office held under this state as aforesaid, shall be void: Provided, that no person who is
now, or
may be at the time when this act becomes part of the constitution, a member both of congress and
of the legislature of this state, or who now holds, or may hold at the time when this act becomes
part of the constitution, an office as aforesaid, both under this state and the United States, shall be
affected by this act, if, within fifteen days after the same shall become part of the constitution, he
shall resign his seat in congress, or his office held under the United States. And if this act shall
be confirmed by the general assembly after the next election of delegates, in the first session after
such new election, according to the constitution and form of government, that in such case this
alteration and amendment of the constitution and form of government shall constitute and be
valid as part thereof, and every thing therein contained repugnant to or inconsistent with this
alteration and amendment shall be repealed and abolished.
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[Act of 1809 (June Session), Ch. 16. Ratified 1809. Amends articles 32 and 37]
An ACT to alter the thirty-second and thirty-seventh articles of the constitution and form of
government.
BE IT ENACTED, by the General Assembly of Maryland,
That hereafter, upon the death, resignation, or removal out of this state, of the governor, it shall
not be
necessary to call a meeting of the legislature to fill the vacancy occasioned thereby, but the first
named
of the council for the time being, shall qualify and act as a governor until the next meeting of the
general assembly, at which meeting a governor shall be chosen in the manner heretofore
appointed and
directed.
II. AND BE IT ENACTED, That hereafter no governor shall be capable of holding any other
office of profit during the time for which he shall be elected.
III. AND BE IT ENACTED, That so much of the thirty-second and thirty-seventh articles of the
constitution and form of government as is repugnant to, or inconsistent with, the provisions of
this act, be and the same are hereby abrogated and abolished.
IV. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration and amendment of the
constitution and form of government therein contained, shall be taken and considered, and shall
constitute and be valid, as a part of the said constitution and form of government, any thing
therein contained to the contrary notwithstanding.
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see text and explanation for our amendment #68
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XXXVIII. That every Governor, Senator, Delegate to Congress or Assembly, and member of the
Council, before he acts as such, shall take an oath " that he will not receive, directly or
indirectly, at any
time, any part of the profits of any office, held by any other person during his acting in his office
of
Governor, Senator, Delegate to Congress or Assembly, or member of the Council, or the profits
or any
part of the profits arising on any agency for the supply of clothing or provisions for the Army or
Navy."
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No Section Text |
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XXXIX. That if any Senator, Delegate to Congress or Assembly, or member of the Council, shall
hold
or execute any office of profit, or receive, directly or indirectly, at any time, the profits or any
part of the
profits of any office exercised by any other person, during his acting as Senator, Delegate to
Congress
or Assembly, or member of the Council-his seat (on conviction, in a Court of law, by the oath of
two
credible witnesses) shall be void; and he shall suffer the punishment of wilful and corrupt
perjury, or be
banished this State Forever, or disqualified forever from holding any office or place of trust or
profit, as
the Court may judge.
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XL. That the Chancellor, all Judges, the Attorney-General, Clerks of the General Court, the
Clerks of
the County Courts, the Registers of the Land Office, and the Registers of Wills, shall hold their
commissions during good behaviour, removable only for misbehaviour, on conviction in a Court
of law.
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XLI. That there be a Register of Wills appointed for each county, who shall be commissioned by
the
Governor, on the joint recommendation of the Senate and House of Delegates; and that, upon the
death, resignation, disqualification or removal out of the county of any Register of Wills, in the
recess of
the General Assembly, the Governor, with the advice of the Council, may appoint and
commission a fit
and proper person to such vacant office, to hold the same until the meeting of the General
Assembly.
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XLII. That Sheriffs shall be elected in each county, by ballot, every third year; that is to say, two
persons for the office of Sheriff for each county, the one of whom having the majority of votes,
or if
both have an equal number, either of them, at the discretion of the Governor, to be commissioned
by
the Governor for the said office; and having served for three years, such person shall be ineligible
for
the four years next succeeding; bond with security to be taken every year, as usual; and no
Sheriff shall
be qualified to act before the same is given. In case of death, refusal, resignation,
disqualification, or
removal out of the county before the expiration of the three years, the other person, chosen as
aforesaid, shall be commissioned by the Governor to person to execute the said office, for the
residue
of the said three years, the said person giving bond and security as aforesaid: and incase of his
death,
refusal, resignation, disqualification, or removal out of the country, before the expiration of the
said
office for the residue of the said three years, the said person giving bond and security as
aforesaid. The
election shall be held at the same time and place appointed for the election of Delegates; and the
Justices, there summoned to attend for the preservation of the peace, shall be judges thereof, and
of the
qualification of candidates, who shall appoint a Clerk, to take the ballots. All freemen above the
age of
twenty-one years, having a freehold of fifty acres of land in the county in which they offer to
ballot, and
residing therein-and all freemen above the age of twenty-one years, and having property in the
State
above the value of thirty pounds current money, and having resided in the county in which they
offer to
ballot one whole year next preceding the election-shall have a right of suffrage. No person to be
eligible
to the office of Sheriff for a county, but an inhabitant of the said county above the age of
twenty-one
years, and having real and personal property in the State above the value of one thousand pounds
current money. The Justices aforesaid shall examine the ballots; and the two candidates properly
qualified, having in each county the majority of legal ballots, shall be declared duly elected for
the office
of Sheriff for such county, and returned to the Governor and Council, with a certificate of the
number of
ballots for each of them.
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No Section Text |
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[Act of 1842, Ch. 246. Ratified 1843. Amends article 42]
An act to change the Constitution and form of Government
of this State, as to provide for the election of a Sheriff in
and for Baltimore County, and a Sheriff in and for the
City of Baltimore.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That if this act shall be confirmed by the next
General Assembly, the constitution and form of government
of this state shall be so altered and amended, that at
the next election for sheriff and every third year thereafter,
a sheriff shall be elected by the voters of Baltimore
county, excluding the city of Baltimore, as sheriffs are now
elected in other counties of this state; and shall exclusively
perform the duties of sheriff within the limits of said county,
excluding Baltimore city, and shall perform such duties
within the city of Baltimore as shall be necessary for the
proper performance of his duties as sheriff of said county,
as the legislature shall by law hereafter direct.
SEC. 2. And be it enacted, That at the next election for
sheriff and every third year thereafter, a sheriff shall be
elected for the city of Baltimore, by the voters residing in
said city, whose duties shall be confined to the limits of said
city, in the same manner as sheriffs are now elected for
the counties of this state.
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XLIII. That every person who shall offer to vote for Delegates, or for the election of the Senate,
or for
the Sheriff, shall (if required by any three persons qualified to vote) before he be permitted to
poll, take
such oath or affirmation of support and fidelity to this State, as this Convention or the
Legislature shall
direct.
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No Section Text |
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XLIV. That a Justice of the Peace may be eligible as a Senator, Delegate, or member of the
Council,
and may continue to act as a Justice of the Peace.
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XLV. That no field officer of the militia be eligible as a Senator, Delegate, or member of the
Council.
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No Section Text |
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[Act of 1809, Ch. 65. Ratified 1810. This amendment repeals Article 45]
An ACT to repeal and abolish the forty-fifth Article of the Constitution
and Form of Government.
BE IT ENACTED, by the General Assembly of Maryland, That the forty-fifth article of the
constitution and form of government be and the same is hereby repealed and utterly abolished.
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XLVI. That all civil officers, hereafter to be appointed for the several counties of this State, shall
have
been residents of the county, respectively; for which they shall be appointed, six months next
before
their appointment; and shall continue residents of their county, respectively, during their
continuance in
office.
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No Section Text |
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XLVIL. That the Judges of the General Court, and Justices of the County Courts, may appoint
the
Clerks of their respective Courts; and in case of refusal, death, resignation, disqualification, or
removal
out of the State, or from their respective shores, of the Clerks of the General Court, or either of
them,
in the vacation of the said Court-and in case, of the refusal, death, resignation, disqualification, or
removal out of the county, of any of the said County Clerks, in the vacation of the County Court
of
which he is Clerk--the Governor, with the advice of the Council, may appoint and] commission a
fit and
proper person to such vacant office respectively, to hold the same until the meeting of the next
General
Court, or County Court, as the case may be.
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XLVIII. That the Governor, for the time being, with the advice and consent of the Council, may
appoint
the Chancellor, and all Judges and Justices, the Attorney-General, Naval Officers, officers in the
regular
land and sea service, officers of the militia, Registers of the Land Office, Surveyors, and all other
civil
officers of government (Assessors, Constables, and Overseers of the roads only excepted) and
may
also suspend or remove any civil officer who has not a commission, during good behaviour; and
may
suspend any militia officer, for one month: and may also suspend or remove any regular officer
in the
land or sea service: and the Governor may remove or suspend any militia officer, in pursuance of
the
judgment of a Court Martial.
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[Act of 1816, Ch. 247. Ratified 1817. Amends article 48 and 52]
An act to alter and change all and every part of the Constitution and Form of Government as
relates to
the Attorney General.
Sec. 1. Be it enacted by the General Assembly of Maryland, That all and every part of the
constitution and form of government of this state, which relates to the attorney general, be and
the same is hereby abrogated, annulled, and made void.
2. And be it enacted, That the duties and services, now provided by law to be done and
performed
by the attorney general, shall be done and performed by such persons, and in such manner, as the
general assembly of Maryland shall hereafter direct.
3. And be it enacted, That if this act shall be confirmed by the general assembly of Maryland,
after
the next election of delegates, in the first session after such new election, as the constitution
and form of government directs, in such case this act, and the alterations of the constitution
therein
contained, shall constitute and be valid as a part of the said constitution and form of government,
to all
intents and purposes, any thing therein contained to the contrary notwithstanding.
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[Act of 1817, Ch. 189. Ratified 1818. Amends article 48]
An act to alter such parts of the Constitution and Form of Government as relate to Appointments
to
Offices of Profit and Trust by the Governor and Council.
Sec. 1. Be it enacted by the General Assembly of Maryland, That in all appointments to be
hereafter made by the executive, it shall be the duty of the governor, and he is hereby required, to
nominate, and by and with the advice and consent of the council, appoint, all such officers as are
directed to be appointed by the executive, either by the constitution or laws of this state.
2. And be it enacted, That if this act be confirmed by the general assembly after the next
election of
delegates, in the first session after such new election, according to the constitution and form of
government, that in such case this alteration and amendment of the constitution and form of
government,
shall constitute and be valid as a part thereof, and every thing therein contained repugnant
to, or inconsistent with, this alteration and amendment, shall be repealed and abolished.
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[Act of 1840, Ch. 230. Ratified 1841. Amends articles 19 and 48 ]
An act to amend the Constitution and Form of Government
of the State of Maryland.
SECTION 1. Be it enacted by the General Assembly of Maryland,
That, upon the resignation of a Senator during the
recess of the Senate, communicated, in writing, to the Governor,
or upon the death of any Senator during the recess,
it shall be the duty of the Governor to issue a warrant
of election, to supply vacancies thus created, in the
same manner as the President of the Senate for the time
being is authorised to do in virtue of an act to amend the
constitution and form of government of the State of Maryland,
chapter one hundred and ninety-seven, passed at December
session, eighteen hundred and thirty-six, and confirmed
December session, eighteen hundred and thirty-seven.
SEC. 2. And be it enacted, That, in all cases of resignation
or death, as aforesaid, the elections to supply the vacancies
shall take place at the time and places of the annual
election of delegates, unless such resignation or death
shall occur between the first day of September and the
meeting of the General Assembly in any year; in which
event elections shall be held at such time as shall be directed
by the Governor, with such notice as is provided by the
act of Assembly for the amendments of the constitution
and form of government, as aforesaid.
SEC. 3. And be it enacted, That the provisions of the
fourteenth and fifteenth sections of the act of December
session of the year eighteen hundred and thirty-six, chapter
one hundred and ninety-seven, be, and the same are
hereby declared to extend to the offices of the Judges of
the several Judicial Districts of this State, and to all other
offices of this State known to the constitution, concerning
the appointment of which no other mode shall have been
or may hereafter be provided, so as to authorize the Governor
to nominate, and by and with the advice and consent
of the Senate, to appoint to said offices, in case of
vacancies occurring therein; and to fill any vacancies that
may occur during the recess of the Senate, by granting
commissions, which shall expire on the appointment of the
same person, or of any other person, by and with the advice
and consent of the Senate, to the said offices, or at the expiration
of one calendar month ensuing the commencement
of the next regular session of the Senate, whichever shall
first occur.
SEC. 4. And be it enacted, That if this act shall be confirmed
by the General Assembly, after a new election of
delegates, in the first session after such new election, agreeably
to the provisions of the constitution and form of government,
then, and in such case, this act and the alterations
and amendments of the constitution therein contained,
shall be taken and considered, and shall constitute and be
valid as a part of said constitution and form of government,
any thing in the said constitution and form of government to
the contrary notwithstanding.
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[Act of 1845, Ch. 269. Ratified 1846. Amends article 23, 48, and 49]
An act to alter and amend the Constitution and form of
Government of the State of Maryland, so as to substitute
Biennial for Annual sessions of the Legislature,
and for other purposes.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That the first election for delegates held in
pursuance of this act, shall take place on the first Wednesday
of October, in the year of our Lord eighteen hundred
and forty-seven, and on that day forever thereafter,
elections for delegates shall be held once in two years.
SEC. 2. And be it enacted, That the delegates elected
on the first Wednesday in October, eighteen hundred
and forty-seven, and at all succeeding elections forever
thereafter, shall be chosen for two years.
SEC. 3. And be it enacted, That the General Assembly
shall meet on the last Monday in December, eighteen
hundred and forty-seven, and on the same day in every
second year forever thereafter, and at no other time, unless
convened by proclamation of the Governor, who
shall have full power to convene the same, whenever he
may deem it expedient and proper.
SEC. 4. And be it enacted, That from and after the
first election of delegates, held in pursuance of this act,
the officers to be appointed by the Governor, with the
advice and consent of the Senate, as now provided, shall
be biennial instead of annual.
SEC. 5. And be it enacted, That it shall be the duty of
the Treasurer of Maryland, to transmit a written statement
of the condition of the finances of the State, to the Governor,
on the first Monday of January, eighteen hundred
and forty-eight, and on the same day in every year
thereafter, in which the legislature does not convene.
SEC. 6. And be it enacted, That if this act shall be confirmed
by the General Assembly, after a new election of
delegates, at the first session after such new election,
agreeably to the provisions of the constitution and form
of government, then and in such case, this act, and the
alterations and amendments of the constitution therein
contained, shall be taken and considered, and shall constitute
and be valid, as a part of said constitution and
form of government, any thing in the said constitution and
form of government to the contrary notwithstanding.
AND WHEREAS, it is to be desired, that the next legislature
may know whether so important an alteration in
the constitution and form of government of this State, as
is contemplated by this act, is in accordance with the
will of the people; therefore,
SEC. 6. And be it enacted, That at the next annual
election, for delegates to the General Assembly of Maryland,
the judges of election of the several cities and
and counties of this State, shall inquire of each voter, as
he casts his ballot, whether he is for or against the provisions
of this bill, and shall record his vote accordingly,
and the said judges shall make a due return of the respective
number of votes cast for, and those against the
same, in the same manner as returns are now made of the
votes cast for the Governor of this State; and any judge of
election failing to make return as aforesaid, shall be subject
to all the penalties for the non-compliance with the
existing election laws of this State.
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XLIX. That all civil officers of the appointment of the Governor and Council, who do not hold
commissions during good behaviour, shall be appointed annually in the third week of November.
But if
any of them shall be reappointed, they may continue to act, without any new commission or
qualification; and every officer, though not reappointed, shall continue to act, until the person
who shall
be appointed and commissioned in his stead shall be qualified.
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[Act of 1823, Ch. 111. Ratified 1824. Amends or affects articles 28, 29, 25 and 49]
An act to alter the time of the meeting of the General Assembly of this state,
and for other purposes
Sec. 1. Be it enacted by the General Assembly of Maryland, That
the time of the meeting of the General Assembly of this state, shall
be on the last Monday of December, in each year, instead of the first
Monday of said month as is now prescribed by the constitution and
form of government.
2. And be it enacted, That the Governor of this state shall be chosen
on the first Monday of January, in each and every year, in the
same manner as is now prescribed by the constitution and form of
government, and the council to the governor shall be elected on the
first Tuesday after the first Monday of January, in each and every
year, in the same manner as is now prescribed by the constitution
and form of government.
3. And be it enacted, That all annual appointments of civil officers
in this state shall be made in the third week of January, in every year,
in the same manner as the constitution and form of government now
directs.
4. And be it enacted, That all and every part of the constitution
and form of government that is repugnant to, or inconsistent with
the provisions of this act, be, and the same are hereby repealed, abrogated
and annulled upon the confirmation hereof.
5. And be it enacted, That if this act shall be confirmed by the
General Assembly after the next election of delegates, in the first session
after such new election, as the constitution and form of government
directs, that in such case this act and the alterations and amendments
therein contained shall be taken and considered, and shall constitute
and be valid as a part of the said constitution and form of government
to all intents and purposes, any thing in said constitution
and form of government to the contrary notwithstanding.
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[Act of 1845, Ch. 269. Ratified 1846. Amends article 23, 48, and 49]
An act to alter and amend the Constitution and form of
Government of the State of Maryland, so as to substitute
Biennial for Annual sessions of the Legislature,
and for other purposes.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That the first election for delegates held in
pursuance of this act, shall take place on the first Wednesday
of October, in the year of our Lord eighteen hundred
and forty-seven, and on that day forever thereafter,
elections for delegates shall be held once in two years.
SEC. 2. And be it enacted, That the delegates elected
on the first Wednesday in October, eighteen hundred
and forty-seven, and at all succeeding elections forever
thereafter, shall be chosen for two years.
SEC. 3. And be it enacted, That the General Assembly
shall meet on the last Monday in December, eighteen
hundred and forty-seven, and on the same day in every
second year forever thereafter, and at no other time, unless
convened by proclamation of the Governor, who
shall have full power to convene the same, whenever he
may deem it expedient and proper.
SEC. 4. And be it enacted, That from and after the
first election of delegates, held in pursuance of this act,
the officers to be appointed by the Governor, with the
advice and consent of the Senate, as now provided, shall
be biennial instead of annual.
SEC. 5. And be it enacted, That it shall be the duty of
the Treasurer of Maryland, to transmit a written statement
of the condition of the finances of the State, to the Governor,
on the first Monday of January, eighteen hundred
and forty-eight, and on the same day in every year
thereafter, in which the legislature does not convene.
SEC. 6. And be it enacted, That if this act shall be confirmed
by the General Assembly, after a new election of
delegates, at the first session after such new election,
agreeably to the provisions of the constitution and form
of government, then and in such case, this act, and the
alterations and amendments of the constitution therein
contained, shall be taken and considered, and shall constitute
and be valid, as a part of said constitution and
form of government, any thing in the said constitution and
form of government to the contrary notwithstanding.
AND WHEREAS, it is to be desired, that the next legislature
may know whether so important an alteration in
the constitution and form of government of this State, as
is contemplated by this act, is in accordance with the
will of the people; therefore,
SEC. 6. And be it enacted, That at the next annual
election, for delegates to the General Assembly of Maryland,
the judges of election of the several cities and
and counties of this State, shall inquire of each voter, as
he casts his ballot, whether he is for or against the provisions
of this bill, and shall record his vote accordingly,
and the said judges shall make a due return of the respective
number of votes cast for, and those against the
same, in the same manner as returns are now made of the
votes cast for the Governor of this State; and any judge of
election failing to make return as aforesaid, shall be subject
to all the penalties for the non-compliance with the
existing election laws of this State.
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L. That the Governor, every member of the Council, and every Judge and Justice, before they act
as
such, shall respectively take an oath, " That he will not, through favour, affection or partiality
vote for
any person to office; and that he will vote for such person as, in his judgment and conscience, he
believes most fit and best qualified for the office; and that he has not made, nor will make, any
promise
or engagement to give his vote or interest in favor of any person."
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LI. That there be two Registers of the Land Office, one upon the western, and one upon the
eastern
shore: that short extracts of the grants and certificates of the land, on the western and eastern
shores
respectively, be made in separate books, at the public expense, and deposited in the offices of the
said
Registers, in such manner as shall hereafter be provided by the General Assembly.
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LII. That every Chancellor, Judge, Register of Wills, Commissioner of the Loan Office,
Attorney-
General, Sheriff, Treasurer, Naval Officer, Register of the Land Office, Register of the Chancery
Court,
and every Clerk of the common law courts, Surveyor and Auditor of the public accounts, before
he
acts as such, shall take an oath "That he will not directly or indirectly receive any fee or reward,
for
doing his office of, but what is or shall be allowed by law; nor will, directly or indirectly, receive
the
profits or any part of the profits of any office held by any other person; and that he does not hold
the
same office in trust, or for the benefit of any other person."
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[Act of 1816, Ch. 247. Ratified 1817. Amends article 48 and 52]
An act to alter and change all and every part of the Constitution and Form of Government as
relates to
the Attorney General.
Sec. 1. Be it enacted by the General Assembly of Maryland, That all and every part of the
constitution and form of government of this state, which relates to the attorney general, be and
the same is hereby abrogated, annulled, and made void.
2. And be it enacted, That the duties and services, now provided by law to be done and
performed
by the attorney general, shall be done and performed by such persons, and in such manner, as the
general assembly of Maryland shall hereafter direct.
3. And be it enacted, That if this act shall be confirmed by the general assembly of Maryland,
after
the next election of delegates, in the first session after such new election, as the constitution
and form of government directs, in such case this act, and the alterations of the constitution
therein
contained, shall constitute and be valid as a part of the said constitution and form of government,
to all
intents and purposes, any thing therein contained to the contrary notwithstanding.
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LIII. That if any Governor, Chancellor, Judge, Register of Wills, Attorney-General, Register of
the
Land Office, Register of the Chancery Court, or any Clerk of the common law courts, Treasurer,
Naval Officer, Sheriff, Surveyor or Auditor of public accounts, shall receive, directly or
indirectly, at
any time, the profits, or any part of the profits of any office, held by any other person, during his
acting
in the office to which he is appointed; his election, appointment and cominission (on conviction
in a
court of law by oath of two credible witnesses) shall be void; and he shall suffer the punishment
for
wilful and corrupt perjury, or be banished this State forever, or disqualified forever from holding
any
office or place of trust or profit, as the court may adjudge.
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LIV. That if any person shall give any bribe, present, or reward, or any promise, or any security
for the
payment or delivery of any money, or any other thing, to obtain or procure a vote to be
Governor,
Senator, Delegate to Congress or Assembly, member of the Council, or Judge, or to be appointed
to
any of the said offices, or to any office of profit or trust, now created or hereafter to be created in
this
State-the person giving, and the person receiving the same (on conviction in a court of law) shall
be
forever disqualified to hold any office of trust or profit in this State.
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LV. That every person, appointed to any office of profit or trust, shall, before he enters on the
execution thereof, take the following oath; to wit: " I, A. B., do swear, that I do not hold myself
bound
in allegiance to the King of Great Britain and that I will be faithful, and bear true allegiance to
the State
of Maryland; " and shall also subscribe a declaration of his belief in the Christian religion.
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LVI. That there be a Court of Appeals, composed of persons of integrity and sound judgment in
the
law, whose judgment shall be final and conclusive, in all cases of appeal, from the General
Court, Court
of Chancery, and Court of Admiralty: that one person of integrity and sound judgment in the law,
be
appointed Chancellor: that three persons of integrity and sound judgment in the law, be
appointed
judges of the Court now called the Provincial Court; and that the same Court be hereafter called
and
known by the name of The General Court; which Court shall sit on the western and eastern
shores,
for transacting and determining the business of the respective shores, at such times and places as
the
future Legislature of this State shall direct and appoint.
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[Act of 1804, Ch. 55. Ratified 1805. Amends article 56]
V. AND BE IT ENACTED, That there shall be a court of appeals, and the same shall be
composed of the chief judges of the several judicial districts of this state, which said court of
appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions,
heretofore held, used and exercised, by the court of appeals of this state, and also the appellate
jurisdiction heretofore used and exercised by the general court; and the said court of appeals
hereby established shall sit on the western and eastern shores for transacting and determining the
business of the respective shores, at such times and places as the future legislature of this state
shall
direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to
hear
and decide in all cases pending in said court; and the judge who has given a decision in any case
in the
county court, shall withdraw from the bench upon the deciding of the same case before the court
of
appeals; and the judges of the court of appeals may appoint the clerks of said court for the
western and
eastern shores respectively, who shall hold their appointments during good behaviour, removable
only
for misbehaviour on conviction in a court of law; and in case of death, resignation,
disqualification,
or removal out of the state, or from their respective shores, of either of the said clerks in the
vacation of the said court, the governor, with the advice of the council, may appoint and
commission a fit and proper person to such vacant office, to hold the same until the next meeting
of the said court; and all laws passed after this act shall take effect, shall be recorded in the office
of the court of appeals of the western shore.
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see text and explanation for our amendment #68
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LVII. That the style of all laws run thus; "Be it enacted by the General Assembly of Maryland:"
that
all public commissions and grants run thus; "The State of Maryland," &c. and shall be signed by
the
Governor, and attested by the Chancellor, with the seal of the State annexed--except, military
commissions, which shall not be attested by the Chancellor, or have the seal of the State
annexed: that
all writs shall run in the same style, and be attested, sealed and signed as usual: that all
indictments shall
conclude, "Against the peace, government, and dignity of the State."
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LVIII. That all penalties and forfeitures, herotofore going to the King or proprietary, shall go to
the
State-save only such, as the General Assembly may abolish or otherwise provide for.
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LIX. That this Form of Government, and the Declaration of Rights, and no part thereof, shall be
altered, changed, or abolished, unless a bill so to alter, change or abolish the same shall pass the
General Assembly, and be published at least three months before a new election, and shall be
confirmed by the General Assembly, after a new election of Delegates, in the first session after
such
new election; provided that nothing in this form of government, which relates to the eastern shore
particularly, shall at any time hereafter be altered, unless for the alteration and confirmation
thereof at
least two-thirds of all the members of each branch of the General Assembly shall concur.
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LX. That every bill passed by the General Assembly, when engrossed, shall be presented by the
Speaker of the House of Delegates, in the Senate, to the Governor for the time being, who shall
sign the
same, and thereto affix the Great Seal, in the presence of the members of both Houses: every law
shall
be recorded in the General Court office of the western shore, and in due time printed, published,
and
certified under the Great Seal, to the several County Courts, in the same manner as hath been
heretofore used in this State.
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Article 9099.0 created by amendment 6 |
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No Section Text |
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[Act of 1798, Ch. 115. Ratified 1799, affects article 4, 5, and 6; we have gathered all of the
amendments regarding counties and voting into section 1, article 9099]
An ACT to alter, abolish and repeal, certain parts of the constitution and form of
government of this state as are therein mentioned.
WHEREAS the holding elections at any one place in each county of this state is attended with
great inconvenience to all citizens remote from said place, and operates to deprive many persons
entitled to suffrage from the exercise of that right; and as it is desirable that the full, free and fair
voice of the people should be expressed in their choice of the functionaries of government,
II. BE IT ENACTED, by the General Assembly of Maryland,
That the several counties of this state, for the purpose of holding all future elections for
delegates,
electors of the senate, and sheriffs of the several counties, shall be divided into separate districts
in the
manner herein after directed, viz. Saint Mary's county shall be divided and laid off into three
separate
districts, Kent county shall be divided and laid off into three separate districts, Calvert county
shall be
divided and laid off into three separate districts; Charles county shall be divided and laid off into
four
separate districts, Talbot county shall be divided and laid off into four separate districts,
Somerset
county shall be divided and laid off into three separate districts, Dorchester county shall be
divided and
laid off into three separate districts, Cecil county shall be divided and laid off into four separate
districts,
Prince-George's county shall be divided and laid off into five separate districts, Queen-Anne's
county
shall be divided and off into three separate districts, Worcester county shall be divided and laid
off into
five separate districts, Frederick county shall be divided and laid off into seven separate districts,
Harford county shall be divided and laid off into five separate districts, Caroline county shall be
divided
and laid off into three separate districts, Washington county shall be divided and laid off into five
separate districts, Montgomery county shall be divided and laid off into five separate districts,
Allegany
county shall be divided and laid off into six separate districts.
III. AND BE IT ENACTED, That Anne-Arundel county, including the city of Annapolis, shall
be divided and laid off into five separate districts.
IV. AND BE IT ENACTED, That Baltimore county, out of the limits of the city of Baltimore,
shall be divided and laid off into seven districts, and that the city of Baltimore shall be laid off
into eight districts.
V. AND BE IT ENACTED, That all and every part of the constitution and form of government
relating to the judges, time, place and manner, of holding elections in the city of Baltimore, and
all and every part of the second, third, fifth, fourteenth and forty-second sections of the
constitution and form of government of this state, which relate to the judges, place, time and
manner of holding the several elections for delegates, electors of the senate, and sheriffs of the
several counties, be and the same are hereby abrogated, repealed and annulled, and the same shall
hereafter be regulated by law.
VI. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after the
next election of delegates, in the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the alteration of the said constitution
contained therein, shall be considered as a part, and shall constitute and be valid as a part, of the
said constitutions and form of government, to all intents and purposes, any thing therein
contained to the contrary notwithstanding.
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[Act of 1802, Ch. 82. Ratified 1803]
An ACT to alter and repeal such parts of the constitution and form of government of this state as
relate
to the division of Frederick county into election districts.
WHEREAS it has been represented to this general assembly, that great inconvenience has been
experienced for the want of two additional districts in Frederick county; for remedy whereof,
II. BE IT ENACTED, by the General Assembly of Maryland,
That all that part of the constitution and form of government, made such by the acts of seventeen
hundred and ninety-eight and seventeen hundred and ninety-nine, which directs that Frederick
county
shall be divided and laid off into seven separate districts, be and the same is hereby repealed.
III. AND BE IT ENACTED, That Frederick county shall be divided and laid off into nine
separate districts.
IV. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly, after
the next election of delegates, in the first session after such new election, as the constitution and
form of government directs, in such case this act, and the alteration in the said constitution
contained therein, shall be considered as a part, and shall constitute and be valid as a part, of the
said constitution and form of government, to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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[Act of 1806, Ch. 29. Ratified 1807, County voting]
An ACT to alter, change and repeal, such parts of the constitution and form of government of
this state as relate to the division of Saint-Mary's county into electional districts.
WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Saint-Mary's county, that they experience great inconvenience for the want of a fourth district in
the said county, and praying an alteration in the first and third districts, so as to establish and
admit of a fourth between them; and the prayer of the petitioners appearing reasonable,
II. BE IT ENACTED, by the General Assembly of Maryland,
That all that part of the constitution and form of government, made such by the acts of seventeen
hundred and ninety-eight and seventeen hundred and ninety-nine, which directs that Saint-Mary's
county shall be divided and laid off into three separate districts, be and the same is hereby
repealed.
III. AND BE IT ENACTED, That Saint-Mary's county shall be divided into four separate
districts and that the additional district shall be laid off adjoining and between the first and third
districts, as they are now numbered.
IV. AND BE IT ENACTED, That if this act shall be confirmed by the general assembly of
Maryland, after the next election of delegates, in the first session after such new election, as the
constitution and form of government directs, in such case this act, and the alteration herein
contained, shall constitute and be considered as a part of the said constitution and form of
government, to all intents and purposes, any thing therein contained to the contrary
notwithstanding.
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[Act of 1809, Ch. 83. Ratified 1810. Amends section 1 article 9099, and may affect articles 4 and
5]
An ACT to alter such parts of the Constitution and Form of Government of this State as relate to
Voters and qualification of Voters.
BE IT ENACTED, by the General Assembly of Maryland, That every free white male citizen of
this state, above twenty-one years of age, and no other, having resided twelve months within this
state and six months in the county, or in the city of Annapolis or Baltimore, next preceding the
election at which he offers to vote, shall have a right of suffrage, and shall vote, by ballot, in the
election of such county or city, or either of them, for electors of the president and vice-president
of the United States, for representatives of this state in the congress of the United States, for
delegates to the general assembly of this state, electors of the senate, and sheriffs.
II. AND BE IT ENACTED, That all and every part of the constitution and form of government
of this state repugnant to, or inconsistent with, the provisions of this act, shall be and the same
are hereby abrogated, annulled and made void.
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[Act of 1809, Ch. 38. Ratified 1810, amends article 4 and section 1, article 9099 county voting]
An ACT to alter and abolish all that part of the Constitution which permits certain Citizens of
Annapolis to vote for Delegates for Anne-Arundel County.
BE IT ENACTED, by the General Assembly of Maryland, That no person residing in the city of
Annapolis shall have a vote in the county of Anne-Arundel for delegates for the said county, and
all and every part of the constitution which enables persons holding fifty acres of land to vote in
said county, be and is hereby abolished; provided nevertheless, that if this act shall be confirmed
by the general assembly, after the next election of delegates, in the first session after such new
election, according to the constitution and form of government, shall constitute and be valid as
part thereof, and every thing therein contained repugnant to, or inconsistent with, this alteration
and amendment, shall be repealed and abolished.
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[Act of 1816, Ch. 26. Ratified 1817. Amends section 1, article 9099]
An act to alter, change and repeal, all such parts of the Constitution and Form of Government of
this State, as relate to the division of Prince George's County into Election Districts.
WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Prince-George's county, that they experience great inconvenience for want of a sixth election
district in said county, and praying an alteration in the second, third, and fifth districts, so as to
admit a sixth district between; and the prayer of the petitioners appearing reasonable, Therefore,
Sec. 1. Be it enacted by the General Assembly of Maryland, That all that part of the constitution
and form of government, made such by an act of seventeen hundred and ninety-eight, which
directs that Prince George's county shall be divided and laid off into separate districts, be and the
same is hereby repealed.
2. And be it enacted, That Prince George's county shall be divided into six separate districts,
and
that the additional district shall be laid off adjoining and between the second, third, and fifth
districts.
3. And be it enacted, That if this act shall be confirmed by the general assembly of Maryland,
after
the next election of delegates, in the first session after such new election, as the constitution
and form of government directs, in such case this act, and the alterations herein contained, shall
constitute and be considered a part of said constitution and form of government, to all intents
and purposes, any thing herein contained to the contrary notwithstanding.
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[Act of 1816, Ch. 32. Ratified 1817. Amends section 1, article 9099]
An Act to repeal all that part of the Constitution and Form of Government as relates to the
division of Allegany County into six separate Election Districts.
WHEREAS it is represented to this general assembly, that great convenience would result to the
voters of Allegany county by increasing the number of election districts in said county;
Therefore,
Sec. 1. Be it enacted, by the General Assembly of Maryland, That Allegany county, for
the purpose of holding all future elections in the said county, shall be divided and laid off into
eight separate election districts.
2. And be it enacted, That all that part of the constitution and form of government,
whereby Allegany county hath been divided and laid off into six separate election districts for the
purpose aforesaid, be and the same is hereby repealed.
3. And be it enacted, That if this act shall be confirmed by the general assembly of
Maryland, after the next election of delegates, in the first session after such new election, as the
constitution and form of government directs, in such case this act, and the alterations herein
contained, shall be constituted as a part of the said constitution and form of government, any
thing to the contrary notwithstanding.
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[Act of 1816, Ch. 35. Ratified 1817. Amends section 1, article 9099]
An act to repeal all that part of the Constitution and Form of Government as relates to the
division of Dorchester County into separate Election Districts.
WHEREAS it is represented to this general assembly, that great convenience would result
to the voters of Dorchester county, by increasing the number of election districts in said county;
Therefore,
Sec. 1. Be it enacted by the General Assembly of Maryland, That Dorchester county, for
the purpose of holding all future elections for delegates, electors of senate, and sheriffs of the
aforesaid county, shall be divided and laid off into five separate districts.
2. And be it enacted, That all that part of the constitution and form of government whereby
Dorchester county hath been divided and laid off into three separate districts, for the purpose
aforesaid,
be and the same is hereby repealed.
3. And be it enacted, That if this act shall be confirmed by the general assembly of Maryland,
after
the next election of delegates, in the first session after such new election, as the constitution and
form of
government directs, in such case this act and the alteration herein contained, shall constitute and
be
considered as a part of the said constitution and form of government, to all intents and purposes,
any
thing therein contained to the contrary notwithstanding.
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[Act of 1816, Ch. 252. Ratified 1817. Amends section 1, article 9099]
An act to alter and change such parts of the Constitution and Form of Government as relate to the
division of Anne-Arundel County into Election Districts, and to change the place of holding
Elections in
the Second Election District of said County.
Sec. 1. Be it enacted by the General Assembly of Maryland, That from and after the passage
of this
act, the polls for the second election district of Anne-Arundel county shall be held at
the house of Jacob Waters, near the blacksmith's shop, on the main road leading from the city of
Annapolis to the city of Washington.
2. And be it enacted, That all that part of the second election district of Anne-Arundel county,
lying
out of the city of Annapolis, shall constitute and compose the second election district of
said county.
3. And be it enacted, That the city of Annapolis shall constitute the sixth election district of
said
county for all elections hereafter to be held for sheriffs, electors of president and vice-president,
and electors of the senate of this state, and for a member of congress, which said elections shall
be held
by the mayor, recorder, and aldermen of the said city, or any three or more of them, at such place
within the said city as they may appoint.
4. And be it enacted, That the mayor, recorder, and aldermen of said city, or a majority of
them,
authorised to hold elections as aforesaid, shall make return under their hands and seals, within
the time prescribed by law, of the votes taken by them at any election held in virtue of this act, to
the
presiding judges of the other election districts of said county.
5. And be it enacted, That the presiding judges of the said election districts, in making out
their
returns, shall compute and receive as a part of the votes taken at any such election, the returns
made to them by virtue of this act, by the said mayor, recorder and aldermen.
6. And be it enacted, That all such parts of the constitution and form of government as are
repugnant to the provisions of this act, be and the same are hereby repealed.
7. And be it enacted, That if this act shall be confirmed by the general assembly after the next
election of delegates, in the first session after such new election, as the constitution and form of
government direct, that in such case this act, and the alterations and amendments of the
constitution and
form of government therein contained, shall be taken and considered, and shall constitute
and be valid, as a part of the said constitution and form of government, any thing in the said
constitution
and form of government to the contrary notwithstanding.
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[Act of 1817, Ch. 51. Ratified 1818. Amends section 1, article 9099]
An act relating to Election Districts in the City of Baltimore.
Sec. 1. Be it enacted by the General Assembly of Maryland, That the number and limits of
election
districts in the city of Baltimore shall always be the same as the wards therein.
2. And be it enacted, That if this act shall be confirmed by the general assembly, after the
next
election of delegates, in the first session after such new election, as the constitution and form of
government directs, that in such case this act shall be taken and considered, and shall constitute
and be
valid, as part of the said constitution and form of government, to all intents and purposes, any
thing in the said constitution and form of government contained to the contrary notwithstanding.
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[Act of 1820, Ch. 69. Ratified 1821. ]
An act to alter, change and repeal, all such parts of the Constitution and Form of Government of
this
State as relate to the Division of Queen-Anne's County into Election Districts.
WHEREAS it is represented to this general assembly by the
petition of sundry inhabitants of Queen-Anne's county, that they
experience great inconvenience for want of a fourth election district
in said county, and praying an alteration in the first and second
so as to admit a fourth district between; Therefore,
1. Be it enacted by the General Assembly of Maryland, That all
that part of the constitution and form of government, made such
by the act of seventeen hundred and ninety-eight, which directs
that Queen-Anne's county shall be divided and laid off into three
separate districts, be and the same is hereby repealed.
2. And be it enacted, That Queen-Anne's county shall be divided
into four separate election districts, and that the additional
shall be laid off adjoining and between the first and second
districts.
3. And be it enacted, That if this act shall be confirmed by the
general assembly of Maryland after the next election of delegates,
in the first session after such new election, as the constitution
and form of government directs, in such case this act, and
the alterations herein contained, shall constitute and be considered
a part of said constitution and form of government, to all
intents and purposes, any thing herein contained to the contrary
notwithstanding.
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[Act of 1820, Ch. 85. Ratified 1821.]
An Act to repeal all that part of the Constitution and Form of Government as relates to the
division of Washington County into five separate Election Districts, and for other
purposes.
1. Be it enacted by the General Assembly of Maryland, That all
that part of the constitution and form of government, whereby
Washington county hath been divided and laid off into five separate
election districts, be and the same is hereby repealed.
2. And be it enacted, That Washington county shall be divided
into seven separate election districts, and that the election for
the additional districts shall be held as follows: The one at the
town of Boonsborough, and the other at Cave-Town.
3. And be it enacted, That the place for holding the elections
for election district number two, in Washington county, shall
hereafter be held at Williamsport.
4. And be it enacted, That if this act shall be confirmed by the
general assembly of Maryland, after the next election of delegates,
in the first session after such new election, as the constitution
and form of government directs, in such case this act, and
the alterations herein contained, shall constitute and be considered
as a part of the said constitution and form of government, to
all intents and purposes, any thing therein contained to the contrary
notwithstanding.
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[Act of 1821, Ch. 35. Ratified 1822. ]
An act to alter and repeal such parts of the constitution and form of government of this state, as
relate to the division of Frederick county into election districts.
WHEREAS, It has been represented to this general assembly, that great inconveniences
has been experienced for the want of two additional districts in Frederick county, for remedy
whereof.
Sec. 1. BE IT ENACTED By the General Assembly of Maryland, That all that part of the
constitution and form of government, made such by the act of eighteen hundred and two, and
eighteen hundred and three, which directs that Frederick county shall be divided and laid off into
nine separate districts, be, and the same is hereby repealed.
2. AND BE IT ENACTED, That Frederick county shall be divided
and laid off into eleven separate districts.
3. AND BE IT ENACTED, That if this act shall be confirmed by the next general
assembly, after the next election of delegates, in the first session after such new election, as the
constitution and form of government directs, in such case, this act and the alteration in the said
constitution contained thereon, shall be considered as a part, and shall constitute and be valid as a
part of the said constitution and form of government, to all intents and purposes, any thing
therein contained to the contrary notwithstanding.
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[Act of 1821, Ch. 38. Ratified 1822. ]
An act to repeal all such parts of the constitution and form of government as relates to the
division of Baltimore county, into seven separate election districts, and for other purposes.
Sec. 1. BE IT ENACTED By the General Assembly of Maryland, That all such parts of
the constitution and form of government, whereby Baltimore county hath been divided and laid
off into seven separate election districts, be, and the same is hereby repealed.
2. AND BE IT ENACTED, That for district number one, Dr. Thomas Johnson and
George Tunanus [Timanus;] for number two, Nathaniel Childs and George Harryman; for
number three, John Kerlinger and Michael Armacost; for number four, John Buck, (of
Benjamin,) and John Murray; for number five, Thomas Pierce and Abraham Cole, Jr; for number
six, John T. Randall and Robert Hudson;
and for number seven, John T. H. Worthington and James Gill, be, and they are hereby appointed
and authorize, or a majority if them, or a majority of the survivors of them, commissioners to lay
of, and divide a new, all that part of Baltimore county, without the limits of Baltimore city, not
exceeding twelve separate election districts, carefully making the several districts as nearly equal
as possible, having regard to population, extent, and the convenience
of the voters of each said several districts; and each election district
shall be numbered by said commissioners, and known thereafter by
such number; and also to make choice of a place in each district,
so layed off anew, at which the elections shall be held, as nearly
central as practicable, having regard to the circumstances aforesaid,
and the accommodation of persons attendant upon such elections.
And the said commissioner shall, on or before the fifteenth day of
July, eighteen hundred and twenty-three, deliver to the clerk of
Baltimore county court, a description in writing, under their hands
and seals, specifying plainly, the boundaries and number of each
district, and also the place in each district, where the election for
such district shall be held; and the said clerk shall record the same
in the records of the county.
3. AND BE IT ENACTED, That the commissioners appointed by virtue
of this act, shall meet at the court-house of said county, on the
first Monday in April, eighteen hundred and twenty-three, for the
purpose of performing the duties imposed by this act; and the commissioners
or commissioner so meeting, may adjourn from time to
time, and from place to place, until the whole is completed.
4. AND BE IT ENACTED, That if any of the commissioners named
in this act should refuse to accept his appointment before the first
day of April, eighteen hundred and twenty-three, the remaining
commissioners, or a majority of them, are hereby authorised and
directed to fill the vacancy or vacancies, out of the districts where
such vacancy or vacancies may occur.
5. AND BE IT ENACTED, That if this act shall be confirmed by the
General Assembly of Maryland, after the next election of delegates,
in the first session after such new election, as the constitution and
form of government directs; in such case, this act, and the alterations
herein contained, shall constitute and be considered as a part
of the said constitution and form of government, to all intents and
purposes, any thing therein contained to the contrary notwithstanding.
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[Act of 1821, Ch. 123. Ratified 1822.]
An act to alter and change such parts of the constitution and form
of government, as relates to the division of Anne Arundel county
into election districts, and to change the place of holding elections
in the second election district of said county.
Sec. 1. BE IT ENACTED, By the General Assembly of Maryland,
That all that part of the constitution and form of government
which relates to fixing the place of holding the elections in the second
election district of Anne Arundel county, be and the same is
hereby repealed.
2. AND BE IT ENACTED, That the election shall be held in the
said election district, at such places as shall hereafter from time to
time be provided by law, for the holding thereof.
3. AND BE IT ENACTED, That the words " and electors of the
Senate of this state" in the third section of the act confirmed at November
session eighteen hundred and seventeen, entitled, " An act
to alter and change such parts of the constitution and form of government
as relate to the division of Anne Arundel county into
election districts, and to change the place of holding elections in the
second district of said county," be and the same are hereby rendered
null, void, and of no effect.
4. AND BE IT ENACTED, That if this act shall be confirmed by
the General Assembly, after the next election of Delegates, in the
first session after such new election, as the constitution and form
of government direct, that in such case, this act, and the alteration
and amendments of the constitution and form of government therein
contained, shall be taken and considered, and shall constitute
and be valid, as a part of the said constitution and form of government,
any thing in the said constitution and form of government
to the contrary notwithstanding.
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[Act of 1821, Ch. 188. Ratified 1822. ]
An act to repeal all that part of the Constitution and Form of Government
as relates to the division of Dorchester county into five
separate election districts.
Sec. 1. BE IT ENACTED By the General Assembly of Maryland, That
all that part of the constitution and form of government whereby
Dorchester county hath been divided and laid off into five separate
election districts be and the same is hereby repealed.
2. AND BE IT ENACTED, That Dorchester county shall be divided
into six separate election districts.
3. AND BE IT ENACTED, That if this act shall be confirmed by
the general assembly of Maryland, after the next election of delegates,
in the first session after such new election, as the constitution
and form of government directs in such case, this act and the alterations
herein contained shall constitute and be considered as a
part of the said constitution and form of government, to all intents
and purposes, any thing therein contained to the contrary notwithstanding.
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[Act of 1822, Ch. 112. Ratified 1823. ]
An act to repeal an act, entitled, " An act to alter, change and repeal
such parts of the constitution and form of government of this state as
relate to the division of St. Mary's county into four election districts,"
passed at November session, one thousand eight hundred and
six, and confirmed at November session, one thousand eight hundred
seven.
WHEREAS it is represented to this General Assembly, by the petition
of sundry inhabitants of Saint Mary's county, that they experience
great inconvenience from the magnitude and extent of the
fourth election district in said county, operating to deprive many of
their suffrages, who are entitled to the exercise of that right; and as
it is desirable that the full, free and fair voice of the people should be
expressed in their choice of the functionaries of government; therefore,
Be it enacted by the General Assembly of Maryland, That all that
part of the constitution and form of government made such by the
acts of eighteen hundred and six and eighteen hundred seven, which
directs that Saint Mary's county shall be divided and laid off into
four separate election districts, be, and the same is hereby repealed.
2. And be it enacted, That Saint Mary's county shall be divided
into five separate election districts; and the additional district shall
be taken and laid off from the fourth election district, as they are
now numbered.
3. And be it enacted, That if this act shall be confirmed by the
General Assembly of Maryland, after the next election of delegates,
in the first session after such new election, as the constitution and
form of government directs, in such case, this act and the alteration
herein contained, shall constitute and be considered as a part of the
said constitution and form of government, to all intents and purposes,
any thing therein contained to the contrary notwithstanding.
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[Act of 1822, Ch. 116. Ratified 1823. ]
An act to repeal all such parts of the constitution and form of government
as relate to the division of Anne Arundel county into five separate
election districts, and for other purposes.
Be it enacted by the General Assembly of Maryland, That all
such parts of the constitution and form of government, which relate
to the division of Anne Arundel county into five election districts,
except as to the first, second and third districts, be, and the
same are hereby repealed.
2. And be it enacted, That James H. Marriott, Francis Belmear
and George Andrews, of the fourth district, in the county aforesaid,
and Richard Ridgely, Thomas Burgess and Henry Willing, of the
fifth district of the county aforesaid, be and they are hereby authorised
and appointed, or a majority of them, commissioners to lay off
and divide anew the fourth and fifth election districts, or the fifth
election district only, which ever they shall deem will tend most to the
convenience to the voters in said districts in Anne Arundel county;
into not exceeding three separate election districts, in case they shall
deem it most advisable to divide and lay off the fourth and fifth
districts as aforesaid; and in case they shall deem it most advisable
to divide and lay off into more than two separate election districts, carefully
making the districts so as aforesaid to be laid off as nearly
equal as possible, having regard to the population, extent and convenience
of the voters of each of said districts, and said election district
or districts so laid off anew shall be numbered (if the fourth and
fifth districts are divided) four, five and six, if only the fifth district
shall be divided anew, they shall be numbered five and six, by the
said commissioners, and known thereafter by such numbers; and also
to make choice of a place in each district so laid off anew at which
the elections shall be held, as nearly central as practicable, having regard
to the circumstances as aforesaid, and the accommodation of
persons attendant upon such elections; and the said commissioners
shall, on or before the third Monday in April, eighteen hundred and
twenty-four, deliver to the clerk of Anne Arundel county court, a
description in writing, under their hands and seals, specifying plainly
the boundaries and number of each district, and also the place in
each district where the election for such district shall be held, and
the said clerk shall record the same in the records of the said county.
3. And be it enacted, That the sheriff of Anne Arundel county
shall give notice of the place of holding the election in each election
district so laid off anew, by causing the same to be inserted in one of
the newspapers of the city of Annapolis, once a week, for at least
two months previous to holding the election in October, eighteen
hundred and twenty-four.
4. And be it enacted, That if any of the commissioners named in
this act shall refuse to accept his appointment before the first day of
March, eighteen hundred and twenty-four, the remaining commissioners,
or a majority of them, are hereby authorised and directed to
fill such vacancy or vacancies.
5. And be it enacted, That each commissioner shall be entitled to
receive at the rate of two dollars per day, for every day he shall act
in the discharge of the duties imposed on him by the provisions of
this act, to be assessed and levied by the levy court of Anne Arundel
county, as other county charges are; which said sums, when
levied and collected, shall be paid over as other county charges are.
6. And be it enacted, That if this act shall be confirmed by the
general assembly of Maryland, after the next election of delegates,
during the first session after such new election as the constitution
and form of government directs, in such case this act and the alterations
herein contained shall constitute and be considered as a part of
the constitution and form of government, to all intents and purposes,
any thing therein contained to the contrary notwithstanding.
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[Act of 1824, Ch. 67. Ratified 1825. ]
An act to repeal an act entitled, An act to alter, change and repeal such parts of the constitution
and form of government of this state, as relate to the division of Allegany county, into eight
separate election districts, passed at December Session, eighteen hundred and sixteen, and
confirmed at December Session, eighteen hundred and seventeen.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That all such parts of the constitution and form of government,
made such by the acts of eighteen hundred and sixteen and eighteen
hundred and seventeen, which directs that Allegany county shall
be divided and laid off into eight separate election districts, be,
and the same is hereby repealed.
2. And be it enacted, That Allegany county shall be divided into
nine separate election districts; and the additional district shall be
taken and laid off from the seventh and eighth election districts, as
they are now numbered.
3. And be it enacted, That Amos Robinett, Francis Reid, Benjamin
Robinson, John North and Leonard Shereliff, or a majority
of them, or a majority of the survivors of them, be, and they are
hereby appointed commissioners, and authorized to lay off Allegany
county into nine separate election districts; and to number
the same, not altering or changing either the first, second, third,
fourth, fifth and sixth election districts; or the place of holding the
election therein as now established by law, but only dividing the
seventh and eighth into three separate election districts, having regard
to the population, extent and convenience of the votes in each
of said districts; and said election districts so laid off anew, shall be
numbered seven, eight and nine, and known thereafter by such
number; and also to select Old Town as the place of holding the
election for one of the said election districts thus to be laid out, the
house of Isaac Osmun, near the mouth of Fifteen mile creek, for the
place of holding the election of another election district thus laid
out; and Walter Slicer's tavern, or any other place within said district,
which may be deemed more convenient, for the place of holding
the election in the other election district thus to be laid out; and
the said commissioners shall, on or before the first day of April,
eighteen hundred and twenty-six, deliver to the clerk of Allegany
county court, a description in writing, under their hands and seals,
specifying plainly the boundaries and number of each district; and
also the place in each district where the election for such district
shall be held; and the said clerk shall record the same in the records
of the said county.
4. And be it enacted, That it shall be the duty of the clerk of
Allegany county court, to furnish the sheriff of said county with a
copy of the proceedings of the said commissioners, who shall give
notice of the place of holding the election in each election district
so laid off anew, by causing the same to be inserted in the Cumberland
Advocate, once a week, for at least one month previous to
holding the election in October, eighteen hundred and twenty-six.
5. And be it enacted, That for all services performed by the commissioners
aforesaid, by virtue of this act, the levy court of Allegany
county, shall make reasonable compensation; and shall levy
the same upon the county, and the same shall be paid as all other
county charges.
6. And be it enacted, That if this act shall be confined by the General
Assembly of Maryland, after the next election of Delegates,
in the first session after such new election, as the constitution and
form of government directs; in such case, this act and the alteration
herein contained, shall constitute and be considered as a part of the
said constitution and form of government, to all intents and purposes,
any thing to the contrary notwithstanding.
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[Act of 1824, Ch. 146. Ratified 1825.]
An act to alter and repeal such parts of the constitution and form of government, as relate
to the division of Somerset county, into election districts.
Whereas, it has been represented to this General Assembly, that
great inconveniencies have been experienced by reason of the existing
division of Somerset county, into election districts, for remedy
whereof.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
all such parts of the constitution and form of government as relate
to the division of Somerset county into election districts, be,
and the same are hereby repealed.
2. And be it enacted, That Somerset county shall be divided,
and laid off into six separate election districts, whereof the present
district, called and known, as number one, or the upper district,
shall be divided into three separate election districts; and the
present district called and known, as number two, or the middle
district, shall be divided into two separate election districts; the new
district to be made convenient to the votes of Dames Quarter, and
the isles adjacent, and the present district called, and known, as
number three, or the lower district shall be and remain as it now is.
3. And be it enacted, That in case this act shall be confirmed,
as required by the constitution, the levy court of Somerset county
are hereby authorised, and directed to appoint commissioners,
who, or a majority of them, or in case of death, a majority of
those surviving, are hereby authorised and empowered to lay off
the said county into six separate election districts, as is provided
for by this act, and to select and appoint a suitable place for holding
the elections in each of the said districts, having due regard to population,
extent of territory, and the convenience of voters.
4. And be it enacted, That the commissioners appointed by virtue
of this act, shall meet at the town of Princess Ann, on the first
Monday of May next succeeding the confirmation of this act, as
required by the constitution, for the purpose of carrying into effect
the provisions of this act; and the said commissioners may adjourn
from time to time, and from place to place, until they shall have
performed and completed the duties required of them by this act;
and the said commissioners are hereby required, on or before the
first day of July next, after their meeting as aforesaid, to make out
and deliver to the clerk of the county aforesaid, a plain and accurate
description in writing, of the limits, boundaries and designations
of each district so laid off, with plats thereof, if they shall deem
them to be necessary, certified under their hands and seals; and the
said clerks shall make a fair record of the same, amongst the records
of the county aforesaid.
5. And be it enacted, That the said commissioners, after the confirmation
of this act, if they shall deem it necessary to a due performance
of the duties required of them by this act, may employ
a surveyor, and chain carriers, who shall be allowed, and paid a
reasonable compensation for their services and time employed and
expended in the execution of such duties as may be required of
them by the said commissioners.
6. And be it enacted, That it shall be the duty of the clerk of the
county aforesaid, to furnish the sheriff with two copies of the limits,
boundaries and designations, of the several districts as ascertained
and described by the said commissioners, whose duty it
shall be to keep one in his possession, and to set up one copy at the
door of the court house in the county aforesaid; and to cause the
said description in writing without the plats, if such should be
deemed necessary, to be published four weeks successively, prior
to the next election, after the confirmation aforesaid, in each of the
public papers printed at Easton.
7. And be it enacted, That for the performance of the duties required
of the commissioners aforesaid, by this act, the levy court
of the county aforesaid, shall make reasonable compensation, and
shall levy the same upon the said county, to be collected and paid
as other county charges are collected and paid; provided, that the
said commissioners shall not receive a sum exceeding two dollars
each, for each and every day they may be engaged in executing the
duties required of them by this act.
8. And be it enacted, That, after the confirmation of this act, all
elections shall be opened in the several districts of the county
aforesaid, at 9, A. M. and closed at six, P. M. in order that the
business of the day may be fairly done and concluded, within due
and reasonable hours; and for as much as the design and intention
of this act, is further to promote the convenience of the people;
and the effect thereof will greatly abridge the services of the judges
and clerks, the compensation to be allowed for such services,
shall be two dollars per day to be levied and paid as other county
charges.
9. And be it enacted, That after the confirmation of this act, the
levy court of Somerset county, shall, according to the provisions
of the act of 1805, chapter 97, appoint three persons in each of
the election districts, residents therein, who, or such of them as
shall attend, shall be the judge or judges of the election for the
district for which he or they shall have been appointed as aforesaid;
and the judges appointed shall have, hold and exercise the same
powers and authorities and be subject to the same penalties as the
judges of elections in Somerset county now exercise and enjoy,
and are subject to.
10. And be it enacted, That all laws now in force not inconsistent
with the provisions of this act, are hereby declared to be, and
remain in full force and effect in Somerset county.
11. And be it enacted, That all the provisions of any former act
inconsistent with, or repugnant to this act, be, and the same are
hereby repeal |
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[Act of 1825, Ch. 69. Ratified 1826. ]
An act to amend the constitution and form of government as it relates to
the division of Somerset county into election districts.
WHEREAS, it has been represented to this general assembly,
that a numerous class of voters on the north side of Wicomico
creek, and also in the neighborhoods of Dublin and Cokesbury,
on the eastern borders of the middle district of Somerset county,
by reason of their remote location from the place of holding
elections, are virtually deprived of the privilege of voting,
which according to the spirit of the constitution, is designed to
be extended to every free white male citizen of this state, and
is intended to be secured by the bill of rights; for remedy
whereof,
Sec. 1. Be it enacted by the General Assembly of Maryland,
That the election district in Somerset county, lately called and
known as number two, or the middle district, shall be further
subdivided, and that two additional election districts shall be
established therein; one of which shall be made convenient to
the voters on the north side of Wicomico creek, and the other
shall be at or near to Dublin or Cokesbury, on the eastern borders
of the said district.
2. And be it enacted, That in case this act shall be confirmed
as required by the constitution and form of government, the
levy court of Somerset county shall be, and they are hereby
required to appoint three commissioners, who, or a majority of
them, shall proceed to subdivide the said district, and to select
and appoint suitable places for holding elections on the north
side of Wicomico creek, and in the neighborhoods of Dublin
or Crokesbury as aforesaid, having due regard to population,
extent of territory, and the convenience of voters.
3. And be it enacted, That the commissioners who shall be
appointed by the levy court in virtue of this act, shall meet at
the town of Princess Anne, on the first Monday of May next,
succeeding the confirmation of this act, as required by the constitution
and form of government, or within ten days thereafter,
for the purpose of carrying into effect the provisions of this act;
and the said commissioners may adjourn from time to time,
and from place to place, until they shall have performed and
completed the several duties required of them by this act; and
the said commissioners shall be, and they are hereby required
on or before the first day of July next, after their meeting as
aforesaid, to make out and deliver to the clerk of the county
aforesaid, a plain and accurate description in writing, of the
limits, boundaries and designations of each district so created
and laid off, certified under their hands and seals; and the said
clerk shall make a fair record thereof amongst the records of
the county aforesaid.
4. And be it enacted, That the said commissioners be, and
they are hereby authorised and required to adjust and limit the
quantum of compensation, to be allowed to the proprietor
proprietors of the place of holding elections in each of the said
election districts, if any compensation shall be required by the
said proprietor or proprietors, and the same to certify as aforesaid.
5. And be it enacted, That for the performance of the duties
required of the said commissioners by this act, and for the
places of holding elections, if any compensation shall be claimed,
the levy court shall make allowance, and the same shall levy
upon the county, to be collected and paid as other county charges
are collected and paid; Provided, That the said commissioners
shall not receive a sum exceeding two dollars each, per diem,
for each and every day they may severally be engaged in the
proper duties of this act.
6. And be it enacted, That after the confirmation of this
act, the levy court of Somerset county, shall according to the
provisions of the act of eighteen hundred and five, chapter ninety-seven,
appoint three persons in each of the said districts,
residents therein, who, or such of them as shall attend, shall be
the judge or judges of elections for the district for which he or
they shall have been appointed as aforesaid; and the judges so
appointed, shall have, hold and exercise the same powers and
authorities, and be subject to the same penalties, and be entitled
to the same pay as the judges of elections in Somerset county
now exercise and are entitled and subject to; Provided, That
the compensation to be allowed for the services of the said
judges and of the clerks by them to be appointed, shall not exceed
two dollars per diem, which compensation shall be levied
and paid as aforesaid.
7. And be it enacted, That all laws now in force, not inconsistent
with this act, shall be, and remain, in force; and all provisions
repugnant to this act shall be, and the same are declared
to be repealed, upon the confirmation of this act.
8. And be it enacted, That if this act shall be confirmed by the
next general assembly, after the next election of delegates, in
the first session after such new election as the constitution and
form of government directs; in such case, this act and the alterations
in the said constitution contained therein, shall be considered
as a part, and constitute, and be valid as a part of the
said constitution and form of government, to all intents and purposes,
and every matter and thing in the said constitution and
form of government in any wise conflicting with or contrary
thereto, shall be, and the same is hereby repealed, abrogated and
annulled.
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[Act of 1826, Ch. 180. Ratified 1827. ]
An Act to change and repeal so much of the Constitution and Form of Government
of this State as relates to the division of Queen-Anne's County
into Election Districts.
1. Be it enacted by the General Assembly of Maryland,
That all that part of the constitution and form of government
of this state, made such by the act of eighteen hundred and
twenty-one, which directs that Queen-Anne's county shall be
divided and laid off into four separate districts, be and the
same is hereby repealed.
2. And be it enacted, That Queen-Anne's county shall be
divided into five separate election districts, and that the third
election district of said county shall be subdivided, and two
election districts be established therein.
3. And be it enacted, That if this act shall be confirmed by
the general assembly of Maryland, after the next election of
delegates, in the first session after such new election, as the
constitution and form of government directs, in such case this
act, and the alterations herein contained, shall constitute and be
considered a part of said constitution and form of government,
to all intents and purposes, any thing herein contained to the
contrary notwithstanding.
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[Act of 1826, Ch. 181. Ratified 1827.]
An Act to repeal all that part of the Constitution and Form of Government
as relates to the division of Dorchester County into six separate Election
Districts.
1. Be it enacted by the General Assembly of Maryland,
That all that part of the constitution and form of government,
whereby Dorchester county hath been divided and laid off into
six separate election districts, be and the same is hereby repealed.
2. And be it enacted, That Dorchester county shall be divided
into seven separate election districts.
3. And be it enacted, That if this act shall be confirmed by
the general assembly of Maryland, after the next election of delegates,
in the first session after such new election, as the constitution
and form of government directs, in such case this act,
and the alterations herein contained, shall constitute and be considered
as a part of the said constitution and form of government,
to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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[Act of 1827, Ch. 50. Ratified 1828.]
An Act to alter and repeal all such parts of the constitution and
form of government of this state as relate to the division of
Worcester county into election districts.
SECTION 1. Be it enacted by the General Assembly of Maryland,
That all such parts of the constitution and form of government
as relate to the division of Worcester county into
five election districts, be, and the same are hereby repealed.
SEC. 2. And be it enacted, That Worcester county shall
be divided and laid off into seven separate election districts;
whereof the present district called and known as number four
or Johnson's district, and the district called and known as
number five or Dennis' district, shall be divided into four separate
election districts, and the present districts, viz: number
one or Costen's district, and number two or Snow Hill
district, and number three or Berlin district, to be and remain
as they now are,
SEC. 3. And be it enacted, That if this act shall be confirmed
by the next General Assembly after the next election
of delegates, in the first session after such new election, as
the constitution and form of government directs, in such case
this act and the alterations in the said constitution contained
therein shall be considered as a part, and shall constitute and
be valid as a part of the said constitution and form of government,
to all intents and purposes, every matter and thing in
the said constitution and form of government, in any wise
conflicting with, or contrary thereto, shall be, and the same is
hereby repealed, abrogated and annulled.
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[Act of 1828, Ch. 1. Ratified 1829.]
An Act to alter and repeal all such parts of the Constitution
and Form of Government as relate to the division
of Dorchester County into Election Districts.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That all such parts of the constitution and form of
government as relate to the division of Dorchester county
into seven separate election districts, be and the same are
hereby repealed.
Sec. 2. And be it enacted, That Dorchester county shall
be divided and laid off into eight separate election districts.
Sec. 3. And be it enacted, That if this act shall be confirmed
by the general assembly of Maryland after the next election
of delegates, in the first session after such new election,
as the constitution and form of government directs, in such
case this act, and the alterations herein contained, shall constitute
and be considered as a part of the said constitution
and form of government to all intents and purposes.
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[Act of 1829, Ch. 168. Ratified 1830.]
An act to repeal all such parts of the Constitution and form of
Government, as relate to the division of Frederick County, into
eleven Election Districts, and for other purposes.
Sec. 1. Be it enacted [that] by the General Assembly of Maryland,
That all such parts of the constitution and form of
government as direct that Frederick county shall be divided
into eleven election districts, be, and they are hereby repealed.
Sec. 2. And be it enacted, That Frederick county shall be
divided into twelve separate election districts, and the additional
district shall be taken and laid off from the third election
district, as they are now numbered.
Sec. 3. And be it enacted, That Patrick McGill, Junior,
George Willyard, Col John Thomas, Benjamin West and
George Bowlus, of the third election district of the county
aforesaid, be, and they are hereby authorised and appointed,
or a majority of them, commissioners to lay off and divide
anew the third election district, into two election districts, and
to number the new election district formed out of the
third election district; and to make choice of a place in the
said new election district so laid off, at which the elections
shall be held, having due regard to the accommodation of
persons attendant upon such elections; and the said commissioners
shall on or before the third Monday in April, eighteen
hundred and thirty-one, deliver to the clerk of Frederick
county court, a description in writing under their hands and
seals, specifying plainly the boundaries and number of the
election districts, so laid off by them; and also, the place
where the elections for such districts shall be held; and the
said clerk shall record the same in the records of said county.
Sec. 4. And be it enacted, That the Sheriff of Frederick
county shall give notice of the place of holding the election
in such election district, so laid off anew, by causing the same
to be inserted in one or more newspapers, printed in Frederick
county, once a week for at least two months, previous to
holding the election in October eighteen hundred and thirty-one.
Sec. 5. And be it enacted, That if any of the commissioners
named in this act, shall die, remove out of the county, or
refuse to accept his appointment before the first day of March
eighteen hundred and thirty-one, the remaining commissioners,
or a majority of them, are hereby authorised and directed
to fill such vacancy or vacancies.
Sec. 6. And be it enacted, That each commissioner shall
be entitled to receive at the rate of two dollars per day, for
every day he shall act in the discharge of the duties imposed
on him, by the provisions of this act, to be assessed and levied
by the levy court of Frederick county, as other county
charges are; which said sums, when levied and collected,
shall be paid over as other county charges are.
Sec. 7. And be it enacted, That if this act shall be confirmed
by the General Assembly of Maryland, after the next
election of Delegates, during the first session after such new
election, as the constitution and form of government directs,
in such case, this act, and the alterations herein contained,
shall constitute and be considered as a part of the constitution
and form of government, to all intents and purposes, any thing
therein contained, to the contrary notwithstanding.
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[Act of 1831, Ch. 33. Ratified 1832.]
An act to amend the Constitution and Form of Government as it relates to the division of
Somerset county into election districts.
WHEREAS, it has been represented to this General Assembly,
that a numerous class of voters in that part of the
Princess Anne district of Somerset, called Hungary Neck,
by reason of their remote location from the place of holding
elections, are virtually deprived of the privilege of voting,
which by the spirit f the constitution is intended to
be extended to every free white male citizen of this state,
and is designed to be secured by the bill of rights, for remedy
whereof-
Section 1. Be it enacted by General Assembly of Maryland,
That the election district in Somerset county, called
and known as the Princess Anne district, shall be further
sub-divided, and that an additional election district shall be
established therein, which shall be made convenient to the
voters of Hungary Neck.
Sec. 2. And be it enacted, That in case this act shall be
confirmed as required by the constitution and form of government
of this state, the levy court of Somerset county,
shall be, and they are hereby required to appoint three
commissioners, who, or a majority of them, shall proceed
to sub-divide said district, and to select and appoint a suitable
place for holding elections, convenient to the inhabitants
of Hungary Neck, having due regard to extent of territory,
population, and the accommodation of voters.
3. And be it enacted, That the commissioners who
shall be appointed by the levy court in virtue of this act,
shall meet at the Witch Bridge on the first Monday of Mary
next, succeeding the confirmation of this act, as required
by the constitution and form of government, or within ten
days thereafter, for the purpose of carrying into effect the
provisions of this act, and the said commissioners may adjourn
from time to time, and from place to place, until they
shall have performed and completed the several duties required
of them by this act, and the said commissioners
shall be, and they are hereby required, on or before the
first day of July next, after their meeting as aforesaid, to
make out and deliver to the clerk of the county aforesaid;
a plain and accurate description in writing, of the limits,
boundaries and designations of each district so created and
laid off, certified under their hands and seals, and the said
clerk shall make a fair record thereof amongst the records
of the county aforesaid.
Sec. 4. And be it enacted, That the said commissioners,
be and they are hereby authorised and required to adjust
and limit the quantum of compensation, to be allowed to
the proprietor or proprietors of the place of holding elections
in said district, and the same to certify as aforesaid.
Sec. 5. And be it enacted, That for the performance of
the duties required of the said commissioners by this act,
and for the place of holding elections, the levy court shall
make allowance and shall levy the same upon the county,
to be collected and paid as other county charges are collected
and paid; Provided, that the said commissioners shall
not receive a sum exceeding two dollars each, per diem, for
each and every day they may severally be engaged in the
proper duties of this act.
Sec. 6. And be it enacted, That after the confirmation of
this act, the levy court of Somerset county shall, according
to the provisions of the act of eighteen hundred and
five, chapter ninety-seven, appoint three persons in each of
the said districts, residents therein, who, or such of them
as shall attend, shall be the judge or judges of elections, for
the district for which he or they shall have been appointed
as aforesaid; and the judges so appointed, shall have, hold
and exercise the same powers and authorities, and be subject
to the same penalties, and be entitled to the same pay
as judges of elections in Somerset county now exercise,
and are entitled and subject to.
Sec. 7. And be it enacted, That all laws now in force, not
inconsistent with this act, shall be, and remain in force;
and all provisions repugnant to this act shall be, and the
same are declared to be repealed, upon the confirmation of
this act.
Sec. 8. And be it enacted, That if this act shall be confirmed
by the next General Assembly after the next election
of delegates, in the first session after such new election as
the constitution and form of government directs; in such
case, this act, and the alterations in the said constitution
contained therein, shall be considered as a part, and constitute
and be valid as a part of the said constitution and form
of government, to all intents and purposes, and every matter
and thing in the said constitution and form of government
in any wise conflicting with, or contrary thereto, shall
be, and the same is hereby repealed, abrogated and annulled.
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[Act of 1831, Ch. 112. Ratified 1832. ]
An act to repeal all such parts of the Constitution and form
of Government as relate to the division of Frederick county
into twelve election districts, and for other purposes.
Section 1. Be it enacted by the General Assembly of Maryland,
That all such parts of the constitution and form of
government of this state, as direct that Frederick county
shall be divided into twelve election districts, be and they
are hereby repealed.
Sec. 2. And be it enacted, That Frederick county shall be
divided into fourteen separate election districts, and that
the two additional districts shall be taken and laid off, the
one from the third election district as they are now numbered,
so as to include the town of Jefferson, in which place
the election shall be held, and the other from the sixth and
seven election districts, as they are now numbered, and that
the rest and residue of the districts in said county, be and
remain as they now are.
Sec. 3. And be it enacted, That if this act shall be confirmed
by the General Assembly of Maryland, after the
next election of delegates, during the first session after such
new election, as the constitution and form of government
directs, in such case this act and the alterations herein contained,
shall constitute and be considered as a part of the
constitution and form of government to all intents and purposes,
any thing herein contained to the contrary notwithstanding.
Sec. 4. And be it enacted, That the new district to be
taken and laid off from the sixth and seventh election district,
when laid off and completed, shall be numbered thirteen,
and shall forever, thereafter, be distinguished and known as
the thirteenth election district of Frederick county.
Sec. 5. And be it enacted, That the new election district
to be laid off and taken from the third election district, shall
when laid off and completed, be numbered fourteen, and
forever, thereafter, be distinguished and known as the fourteenth
election district of said county.
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[Act of 1831, Ch. 147. Ratified 1832. ]
An act to repeal all such parts of the Constitution and Form
of Government, as relates to the division of Somerset
county, into election districts.
Section 1. Be it enacted by the General Assembly of Maryland,
That Richard Wallar, Robert Dashiel, Charles
Rider, Jesse Walter, Peregrine Weatherly, Samuel Williams,
of Wm. and Caleb Kennerly, be and they are hereby
appointed commissioners to divide that part of Somerset
county lying north of Wicomico river, including that part
of said county lying north of Fonetank creek, into four
election districts, and to number the same.
Sec. 2. And be it enacted, That the above named commissioners,
or a majority of them, are hereby required to
meet at Quantico on the first Monday of June, in the year eighteen
hundred and thirty-three, or within ten days thereafter,
for the purpose of carrying the provisions of this act into
effect.
Sec. 3. And be it enacted, That before they proceed to
discharge the duties of their office, the said commissioners
shall take an oath before some justice of the peace of said
county, that they will divide that part of said county into
four separate election districts, without favor or partiality,
to the best of their knowledge.
Sec. 4. And be it enacted, That the places for holding
the elections shall be at Barren creek, Tyaskin, Quantico
and Salisbury, and that the districts be so divided as will be
most convenient for the voters thereof.
Sec. 5. And be it enacted, That each commissioner shall
be entitled to receive two dollars per diem, for every day
he shall act in the discharge of the duties imposed upon
him by the provisions of this act, to be levied by the levy
court of Somerset county, as other county charges are levied
and assessed.
Sec. 6. And be it enacted, That the levy court of Somerset
county are hereby required to appoint three suitable
persons to act as judges of said elections, hereafter to be
held in each of the said districts.
Sec.7. And be it enacted, That the said commissioners,
shall on or before the first Monday of July, one thousand
eight hundred and thirty-three, deliver to the clerk of Somerset
county court, a description in writing under their
hands and seals, specifying the boundaries and numbers of
said election districts so laid off, and the places where the
elections shall be held, and the said clerk shall record the
same among the records of said county.
Sec. 8. And be it enacted, That if this act shall be confirmed
by the General Assembly of Maryland, after the
next election of delegates, during the first session after
such new election, as the constitution and form of government
directs in such cases, this act and the alterations herein
contained shall constitute and be considered a part of the
constitution and form of government, to all intents and purposes.
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[Act of 1831, Ch. 232. Ratified 1832. ]
An act to provide for an alteration in the constitution, so as
to enlarge the number of Election Districts, in Baltimore
county, and fix the place of voting.
WHEREAS, it is represented to this General Assembly by
the petition of sundry citizens, residing in parts of the sixth
and ninth election districts in Baltimore county, that they
labour under great inconvenience in consequence of being
so distant from the respective polls as the districts are now
located, many of them being respectable mechanics and
manufacturers-Therefore,
Section 1. Be it enacted by the General Assembly of Maryland,
That so much of the constitution of the state, as relates
to the division of Baltimore county into election districts,
be, and the same is hereby altered and amended, so
far as to authorize the erection of an additional district in
said county, to be composed of parts of the sixth and ninth
election districts.
Sec. 2. And be it enacted, That if this act shall be confirmed
by the General Assembly of Maryland, after the next
election of delegates to the General Assembly, at the first
session after such new election, as the constitution and form
of government of this state directs, in such case this act and
the alterations of the constitution therein contained, shall
constitute and be valid as a part of said constitution and
form of government to all intents and purposes, any thing
therein contained to the contrary notwithstanding.
Sec. 3. And be it enacted, That if this act shall be confirmed
according to the provisions of the constitution and
form of government in such case made provided; William
Dorsey, John Muray, junior, of (Coxe's Town) and
Thomas Lane, of Baltimore county, be, and they are hereby
appointed commissioners, and authorised forthwith after
the said confirmation, to review the sixth and ninth election
districts of said county, and to lay off, locate, and establish
an additional election district in said county as aforesaid;
and said commissioners shall make a return of all their proceedings
to Baltimore county court, to be there recorded at
the expense of the county, and paid as county charges are
levied and paid; and the governor and council are hereby
authorised directed to appoint commissioner, or commissioners
in place of any of the commissioners herein named
who may die, resign, or fail to act in said commission.
Sec. 4. And be it enacted, That the commissioners herein
authorised to be appointed, shall be entitled to receive such
compensation for their services as the commissioners of
Baltimore county may deem reasonable, not exceeding the
sum of two dollars per day, for every day they shall be necessarily
employed in the discharge of the duties required
by this act.
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[Act of 1832, Ch. 92. Ratified 1833. ]
An Act to repeal all that part of the Constitution and form
of government, as relates to the division of Washington
county into seven separate election districts, and for other
purposes.
Section 1. Be it enacted by the General Assembly of
Maryland, That so much of the constitution of the State
as relates to the division of Washington county into election
districts, be, and the same is hereby altered and amended
so far as to authorize the erection of an additional district
in said county, to be composed of parts of the first
and sixth election districts.
Sec. 2. And be it enacted, That if this act shall be confirmed
by the General Assembly of Maryland, after the
next election of delegates to the General Assembly, at the
first session after such new election, as the constitution
and first session after such new election, as the constitution
and form of government of this State directs; in such case,
this act, and the alterations to the constitution therein contained,
shall constitute and be valid as a part of said constitution
and form of government, to all intents and purposes,
any thing therein contained to the contrary notwithstanding.
Sec. 3. And be it enacted, That if this act shall be confirmed
according to the provisions of the constitution and
form of government, in such case made and provided,
Jacob Miller, James Grimes, and Henry Peterbenner, be,
and they are hereby appointed commissioners, and authorised
forthwith, after the said confirmation, to review the
first and sixth election districts of said county, and to lay
off, locate, and establish an additional district, in
said county as aforesaid; and said commissioners shall
make a return of all their proceedings to Washington
county court, to be there recorded at the expense of the
county, and paid as county charges are levied and paid;
and the commissioners of Washington county are hereby
authorised and directed to appoint a commissioner or commissioners
in place of any of the commissioners herein
named, who may die, resign, or refuse or fail to act, in
said commission.
Sec. 4. And be it enacted, That the commissioners appointed
as aforesaid, shall proceed to review districts Nos.
one, two, and six, and if, in their wisdom and judgment,
they, or a majority of them, shall deem the convenience of
the voters of said districts, or any part of them, to be promoted
by changing and altering the lines and bounds of
said districts, or any part of them, they shall proceed to
make such changes and report of the same as aforesaid,
and the commissioners compensated as aforesaid.
Sec. 5. And be it enacted, That the commissioners herein
authorised to be appointed, shall be entitled to receive
such compensation for their services, as the commissioners
of Washington county may deem reasonable, not exceeding
the sum of two dollars per day for every day they shall
be necessarily employed in the discharge of the duties required
by this act.
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[Act of 1832, Ch. 252. Ratified 1833. ]
An act to provide for an alteration in the Constitution, so as
to make certain alterations and changes in several election
districts, in Allegany county.
WHEREAS, it is represented to this General Assembly,
by the petition of sundry citizens of Allegany county, that
their convenience would be greatly subserved, by certain
alterations and changes, being made in several of the election
districts of said county-Therefore,
Section 1. Be it enacted by the General Assembly of Maryland,
That so much of the constitution of this state, as
relates to the division of Allegany county, into election
districts, be, and the same is hereby altered and amended,
so far as to authorize such alterations and changes, as may
better suit the convenience of the inhabitants of said election
districts.
Sec. 2. And be it enacted, That John Hoye, George
McCulloh, and John Slicer, or a majority of them,
of Allegany county, be, and they are hereby appointed
commissioners, and authorized forthwith, after the confirmation
of this act, to review the several election districts
of said county, and in their discretion, make such alterations
and changes, as better to subserve the convenience
of the inhabitants of the several election districts in said
county, and the said commissioners shall make a return of
all their proceedings to Allegany county court, to be there
recorded, at the expense of the county; and paid as county
charges are levied and paid;-and the governor and
council, are hereby authorised and directed to appoint
commissioner or commissioners, in place of any of the
commissioners herein named, who may die, resign, refuse
or fail to act in said commission.
Sec. 3. And be it enacted, That if this act shall be confirmed
by the general assembly of Maryland, after the next
election of delegates, to the general assembly, at the first
session after such new election, as the constitution and
form of government of this state directs, in such case, this
act, and the alterations of the constitution therein contained,
shall constitute and be valid as a part of said constitution
and form of government to all intents and purposes;
any thing therein contained to the contrary notwithstanding.
Sec. 4. And be it enacted, That the commissioners herein
authorized to be appointed, shall be entitled to receive such
compensation for their services, as the commissioners of
Allegany county may deem reasonable, not exceeding the
sum of two dollars per day, for every day they shall be necessarily
employed in the discharge of the duties required
by this act.
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[Act of 1833, Ch. 11. Ratified 1834. ]
An act to amend the constitution and form of government as
it relates to the division of Somerset county into Election
Districts, and to establish an additional Election District.
WHEREAS, many of the inhabitants of Smith's Island,
within the body of Somerset county, and attached to the
lower election district, commonly called Annamessix, in
the said county by petition in writing have represented to
this General Assembly that by reason of their separation
from the main land by a wide water, they are compelled
to forego the inestimable right of suffrage or exposed to
great peril, labour and expense in going to and returning
from the place of voting, and prayed that the said Island
which they inhabit may be made a separate, and additional
election district-Therefore,
SECTION 1. Be it enacted by the General Assembly of
Maryland, That so much of Smith's Island, as lies within
the body Somerset county, and forms a part of the lower
election district therein, shall, after the passage and
confirmation of this act constitute a separate and additional
district for holding elections in said county.
Sec. 2. And be it enacted, That in case this act shall
be confirmed as required by the constitution and form of
government the Levy court of Somerset county shall be,
and they are hereby required to appoint three commissioners
who, or a majority of them shall proceed to select a
suitable and convenient place for holding elections in said
district.
Sec. 3. And be it enacted, That the said commissioners
on or before the first day of August, Anno Domini, eighteen
hundred and thirty-five, shall deliver to the clerk of Somerset
county, a description in writing under their hands and
seals of the place selected for holding elections in the
said district, and the said clerk shall record the same
among the records of the said county.
Sec. 4. And be it enacted, That the Levy court shall allow
to each of the commissioners who may attend in discharging
the duties of this act a compensation not exceeding
two dollars per diem, to be levied and collected
as other public charges are levied and collected.
Sec. 5. And be it enacted, That in case this act shall be
confirmed as hereinafter provided, it shall be the duty of
the Levy court as aforesaid, to appoint three suitable persons
to act as judges of elections in the said district.
Sec. 6. And be it enacted, That if this act shall be confirmed
at the next session of the General Assembly, the
same and the alterations herein contained shall constitute
and be considered a part of the constitution and form of
government to all intents and purposes.
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[Act of 1835, Ch. 44. Ratified 1836. ]
An act to amend the Constitution and Form of Government,
so far as relates to the division of Allegany
county into Election Districts, and to establish an
additional Election District.
WHEREAS, it is represented to this General Assembly
by the petition of sundry citizens of Allegany county,
that their convenience would be greatly subserved by
the alteration and division of election district number
one, in said county, -Therefore:
SECTION 1. Be it enacted by the General Assembly of
Maryland, That so much of the constitution of this
State, as relates to the division of Allegany county into
election districts, be and the same is hereby altered
and amended, so far as to authorize such alteration and
division of said district, number one, as may best suit
the convenience of the inhabitants thereof.
Sec. 2. And be it enacted, That Adam Gower, John
Hammond and Alexander Chisholm, or a majority of
them, of Allegany county, be and they are hereby appointed
commissioners, and authorised forthwith after
the confirmation of this act, to review said election district,
number one, in said county, and in their discretion
make such alteration and division as better to subserve
the convenience of the inhabitants of said district,
in said county, and the said commissioners shall make
a return of all their proceedings to Allegany county
court, to be there recorded at the expense of said county,
and paid as county charges are levied and paid;
and the governor and council are hereby authorized
and directed to appoint a commissioner or commissioners,
in place of any of the said commissioners herein
named, who may die, resign, refuse or fail to act in
said commission.
SEC. 3. And be it enacted, That if this act shall
be confirmed by the General Assembly of Maryland,
after the next election of delegates to the General Assembly,
at the first session after such new election, as
the constitution and form of government of this State
directs; in such case this act and the alterations of the
constitution therein contained, shall constitute and be
valid as a part of said constitution and form of government,
to all intents and purposes, any thing therein
contained to the contrary notwithstanding.
SEC. 4. And be it enacted, That the commissioners,
herein authorized to be appointed, shall be entitled to
receive such compensation for their services as the
commissioners of Allegany county may deem reasonable,
not exceeding the sum of two dollars per day, for
every day they shall be necessarily employed in the
discharge of the duties required by this act.
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[Act of 1835, Ch. 98. Ratified 1836. ]
An act to alter and amend the Constitution and Form of Government of this State, so far as it
relates to the representation in the House of Delegates, from the City of Baltimore.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That on the first Monday of October,
eighteen hundred and thirty-seven, and on the same
day annually thereafter, the citizens of Baltimore city,
having the necessary qualification of voters under the
Constitution, shall vote for and elect four persons as
members of the House of Delegates, instead of two, as
is now provided for by the Constitution.
SEC. 2. And be it enacted, That if this act shall be
confirmed by the next General Assembly of Maryland,
the same shall thenceforth become a part of the Constitution
and Form of Government of this State, and
all such parts of the existing Constitution as are repugnant
to, or inconsistent with the provisions of this
act, shall be repealed, abrogated and annulled.
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[Act of 1835, Ch. 259. Ratified 1836. ]
An act to repeal all such parts of the Constitution and
Form of Government, as relates to the division of
Cecil county, into four separate election districts.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That all such parts of the constitution and
form of Government, whereby Cecil county has been
divided and laid off four separate election districts,
be, and the same is hereby repealed.
SEC. 2. And be it enacted, That Joseph Bryan,
Edward Wilson, William Mackey, Henry C. Chamberlaine,
Thomas S. Thomas, George Kidd and Patrick
Ewings, be, and they are hereby commissioners,
and they or a majority of them, or a majority of their
survivors, are hereby authorised, if they shall deem it
necessary for the convenience of the voters of said
county to lay off and divide anew, Cecil county into
separate election districts, not exceeding in number, seven,
carefully making the several districts as nearly
equal as possible, having regard to population, extent
of territory, and the convenience of the voters of each
of the said election districts, and each election district
shall be numbered by said commissioners, and known
thereafter by such number, and also to make choice of
a place in each district so laid off, at which the election
shall be held as nearly central as possible, and the
said commissioners shall on or before the fifteenth day of
July, eighteen hundred and thirty-seven, deliver
to the clerk of Cecil county court, a description
in writing, under their hands and seals, or the
hands and seals, of a majority of them, specifying
plainly the boundaries and number of each district, and
also the place in each district where the election for
such district is to be held, and the said clerk shall record
the same among the records of said county.
SEC. 3. And be it enacted, That the commissioners
appointed by virtue of this act, shall meet at the court
house, of said county, on the first Monday of April,
eighteen hundred and thirty-seven, for the purpose of
performing the duties imposed by this act, and the commissioner
or commissioners so meeting, may adjourn
from time to time, and from place to place, until the
whole is completed; Provided, it shall be done before
the fifteenth day of July following.
SEC. 4. And be it enacted, That if any of the commissioners,
appointed by virtue of this act, should by
death, resignation or any other cause, fail to perform
the duties hereby assigned, the remaining commissioners,
or a majority of them, are hereby authorised
and directed to fill the vacancy or vacancies that may
so occur.
SEC. 5. And be it enacted, That if this act shall be
confirmed by the General Assembly of Maryland, after
the next election of delegates, at the first session after
such new election, as the constitution and form of government
direct in such case, this act and the alterations
herein contained shall constitute and be considered
as a part of the said constitution and form of government,
to all intents and purposes, any thing therein
contained to the contrary notwithstanding.
SEC. 6. And be it enacted, That the commissioners
herein appointed be authorised, if necessary, to employ
a surveyor and chain carriers to aid them in performing
the duties hereby assigned them, and the commissioners
hereby appointed shall receive two dollars per
day, the surveyor two dollars, and the chain carrier
one dollar per day for every day they may be engaged
in such service, to be levied and paid as other county
charges are paid.
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[Act of 1835, Ch. 264. Ratified 1836. ]
An act to provide for an alteration in the constitution,
so far as relates to the division of the sixth election
district, in Worcester county.
WHEREAS, it is represented to this General Assembly,
by the petition of sundry citizens residing in the
sixth election district, in Worcester county, that they
labour under great inconvenience in being so distant
from the place of holding the election in said district,
Therefore:
SECTION 1. Be it enacted by the General Assembly of
Maryland, That so much of the constitution of the State
as relates to the division of Worcester county into
election districts, be, and the same is hereby altered
and amended, so far as to authorize the division of the
sixth election district in said county, into two separate
election districts.
SEC. 2. And be it enacted, That if this act shall be
confirmed by the General Assembly of Maryland, after
the next election of delegates to the General Assembly
at the first session after such new election, as the constitution
and form of government of this State directs,
in such case this act and the alteration of the constitution
herein contained, shall constitute and be valid
as a part of said constitution and form of government
to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
SEC. 3. And be it enacted, That if this act shall be
confirmed according to the provisions of the constitution
and form of government, in such case made and
provided, Isaac Houston, Jeptha Morris and Isaac
Hearn, of Worcester county, be and they are hereby
appointed commissioners, and authorised forthwith after
the said confirmation, to review the sixth election district
of said county, and to lay off, locate, and establish
an additional election district, out of the said sixth
election district in said county as aforesaid; and said
commissioners shall make a return of all their proceedings
to the levy court of Worcester county, to be
there recorded at the expense of the county, and paid
as county charges are levied and paid, and the levy
court of Worcester county are hereby authorised and
directed to appoint commissioner or commissioners, in
place of any of the commissioners herein named, who
may die, resign, or refuse, or fail to act in said commission.
SEC. 4. And be it enacted, That the commissioners
herein authorised to be appointed, shall be entitled to
receive such compensation for their services as the levy
court of Worcester county may deem reasonable, not
exceeding the sum of two dollars per day, for every
day they shall be necessarily employed in the discharge
of the duties required by this act.
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[Act of 1836, Ch. 148. Ratified 1837. ]
An act to repeal all that part of the Constitution and
Form of Government, as relates to the division of
Washington County into eight separate Election Districts,
and for other purposes.
SECTION 1. Be it enacted by the General Assembly
of Maryland, That so much of the Constitution of this
State, as relates to the division of Washington county
into election districts, be, and the same is hereby altered
and amended, so far as to authorize the erection
of an additional district in said county, to be composed
of parts of the third and seventh election districts.
SEC. 2. And be it enacted, That if this act shall be
confirmed by the General Assembly of Maryland, after
the next election for delegates to the General Assembly
at the first session after such new election, as
the Constitution and Form of Government of this State
directs, in such case, this act and the alterations to the
Constitution therein contained, shall constitute and be
valid as a part of said Constitution and Form of Government
to all intents and purposes, any thing therein
contained to the contrary notwithstanding.
SEC. 3. And be it enacted, That if this act shall be confirmed
according to the provisions of the Constitution
and Form of Government, in that case made and provided,
then shall Lewis Zeigler, John Byer and Jacob
Bell, be, and they are hereby appointed commissioners
to view, create, lay off, locate and establish an
additional election district in the county aforesaid,
out of the third and the seventh election districts
in said county, and the said commissioners or a majority
of them, shall make a return of all their proceedings
to Washington county court, to be there recorded
at the expense of the county, and paid as county
charges are levied and paid, and the commissioners
of Washington county are hereby authorised and directed,
in case of the death, resignation, refusal or
failure to act, on the part of the within named commissioners
to appoint such other as they in their discretion
may think proper, to fill such vacancy or vacancies.
SEC. 4. And be it enacted, That the commissioners
herein authorised to be appointed, shall be entitled to
receive such compensation for their services as the
commissioners of Washington county may deem reasonable,
not exceeding the sum of two dollars per day
for every day they shall be necessarily employed in
the discharge of the duties required by this act.
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[Act of 1836, Ch. 197. Ratified 1837. At the very least, this large act amends articles 2, 14, 15,
16,
23, 29, 37, 48 and 56 and section 001 of article 9099. We have yet to break up this amendment
into
its constituent components and match all of them to individual articles.]
An act to amend the Constitution and Form of Government
of the State of Maryland.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That the term of office of the members of
the present senate shall end and be determined whenever,
and as soon as a new senate shall be elected as
hereinafter provided, and a quorum of its members shall
have qualified as directed by the constitution and laws
of this State.
SEC. 2. And be it enacted, That at the December session
of the General Assembly for the year of our Lord,
eighteen hundred and thirty-eight, and forever thereafter,
the senate shall be composed of twenty-one members,
to be chosen as hereinafter provided, a majority
of whom shall be a quorum for the transaction of business.
SEC. 3. And be it enacted, That at the time and place
of holding elections in the several counties of this
State, and in the city of Baltimore, for delegates to
the General Assembly for the December session of the
year eighteen hundred and thirty-eight, and under the
direction of the same judges by whom such elections for
delegates shall be held, and election shall also be held
in each of the several counties of this State and in the
city of Baltimore respectively, for the purpose of choosing
a senator of the State of Maryland for and from
such county or said city, as the case may be, whose
term of office shall commence on the day fixed by law
for the commencement of the regular session of the
General Assembly, next succeeding such election, and
continue for two, four or six years according to the
classification of a quorum of its members; and at every
such election of senators, every person qualified to
vote at the place at which he shall offer to vote for delegates
to the General Assembly, shall be entitled to
vote for one person as senator; and of the persons voted
for as senator in each of the several counties and in
said city, respectively, the person having the highest
number of legal votes, and possessing the qualifications
hereinafter mentioned, shall be declared and returned
as duly elected for said county or said city, as the case
may be; and in case two persons possessing the required
qualifications shall be found on the final casting of
the votes given, in any one of said counties or said
city, to have an equal number of votes, there shall be
a new election ordered as hereinafter mentioned; and
immediately after the senate shall have convened in
pursuance of their election under this act, the senators
shall be divided in such manner as the senate shall prescribe,
into three classes; the seats of the senators of
the first class shall be vacated at the expiration of the
second year, of the second class at the expiration of the
fourth year, and of the third class at the expiration of
the sixth year, so that one-third thereof may be elected
on the first Wednesday of October in every second
year; and elections shall be held in the several counties
and city, from which the retiring senators came, to
supply the vacancies as they may occur in consequence
of this classification.
SEC. 4. And be it enacted, That such election for
senators shall be conducted, and the returns thereof be
made, with proper variations in the certificate to suit
the case, in like manner as in cases of elections for
delegates.
SEC. 5. And be it enacted, that the qualifications
necessary in a senator shall be the same as are required
in a delegate to the General Assembly, with the additional
qualification that he shall be above the age of
twenty-five years, and shall have resided at least three
years, next preceding his election, in the county or
city in and for which he shall be chosen.
SEC. 6. And be it enacted, That in case any person
who shall have been chosen as a senator, shall refuse
to act, remove from the county or city, as the case may
be, for which he shall have been elected, die, resign or
be removed for cause, or in case of a tie between two
or more qualified persons in any one of the counties or
in the city of Baltimore, a warrant of election shall
be issued by the President of the Senate for the time
being, for the election of a senator to supply the vacancy
of which ten days notice at the least, excluding
the day of notice and the day of election, shall be
given.
Sec. 7. And be it enacted, That so much of the thirty-seventh
article of the constitution as provides that
no senator or delegate to the General Assembly, if he
shall qualify as such, shall hold or execute any office
of profit during the time for which he shall be
elected, shall be and the same is hereby repealed.
SEC. 8. And be it enacted, That no senator or delegate
to the General Assembly, shall during the time
for which he was elected, be appointed to any civil office
under the constitution and laws of this State, which
shall have been created, or the emoluments thereof
shall have been increased during such time; and no senator
or delegate, during the time he shall continue to
act as such, shall be eligible to any civil office whatever.
SEC. 9. And be it enacted, that at the election for
delegates to the General Assembly, for the December
session of the year of our Lord eighteen hundred and
thirty-eight, and at each succeeding election for delegates,
until after the next census shall have been taken
and officially promulgated, five delegates shall be elected
in and for Baltimore city, and one delegate in and
for the city of Annapolis, until the promulging of the
census for the year eighteen hundred and forty, when
the city of Annapolis shall be deemed and taken as a
part of Anne Arundel county, and her right to |
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[Act of 1838, Ch. 22. Ratified 1839. ]
An act for the establishment of a municipal jurisdiction over a part of Anne Arundel County and
to alter and change the Constitution of this State, as far as may be necessary to effect the same.
Section 1. Be it enacted by the General Assembly of Maryland. That after the confirmation of
this act, there shall be established in Anne Arundel County, a district included within the
following boundaries, to wit: beginning for the same at the intersection of the west shore of Deep
Run with the southern shore of the Patapsco River, at or near Ellicott's furnace, and running
thence southerly with said Deep Run, until it reaches the Baltimore and Washington Rail Road;
and thence with the said rail roafd and including the same until it reaches the southwestern line
of Anne Arundel county on the big Patuxent River, and thence with the said river, and the lines
of Carroll and Baltimore counties to the place of beginning as above mentioned and that the said
district shall be called Howard District of Anne Arundel county.
Sec. 2. And be it enacted, That to aid in administering justice and providing for the
peculiar wants and necessities in civil and police matters of the people of said district, there shall
from time to time as occasion may require, be appointed or elected therein, as the case may be, a
Register of Wills, a Sheriff and a Clerk of the Court, to be established therein, which said officers
shall have the same qualifications, hold their offices by the same tenure and be appointed or
elected therein in the same manner with similar officers in the several counties of this State.
Sec. 3. And be it further enacted, That upon the confirmation of this act it shall be the
duty of the Executive of this State to issue writs for the election of a Sheriff by the people of said
district within thirty days thereafter, who shall serve until the time of the next general election of
this State, and the citizens of Anne Arundel county, now inhabitants of the fourth election district
thereof and residing in the said Howard district, shall until otherwise provided by law, vote at all
elections at the fifth election district of Anne Arundel county, and it is hereby declared that the
people of said Howard district when established, shall vote at the fifth and sixth election districts
for Anne Arundel county, as now established by law according to the Constitution of this State.
Sec. 4. And be it further enacted, That upon the confirmation of this act, a court shall be
established and styled the Court of Howard District of Anne Arundel county; that the Judges of
the third judicial district of this State shall be the judges thereof, and presentments, indictments,
suits and actions at law may be removed to and from the court of the Howard district of Anne
Arundel county, in the same manner as if it were one of the county courts of this State.
Sec. 5. And be it enacted, That if this act shall be confirmed by the General Assembly
after the next election of Delegates, at the first regular session after such new election, according
to the Constitution and form of Government, that in such case this alteration and amendment of
the Constitution and form of Government shall constitute and be valid as a part thereof, and
every thing therein contained repugnant to or inconsistent with this act be repealed and
abolished.
Sec. 6. And be it enacted, That all charges and expenses growing out of the subdivision of
Anne Arundel county shall be assessed solely on the property within Howard district.
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[Act of 1804, Ch. 55. Ratified 1805. Creates new section 2, article 9099 on judicial districts]
An ACT to provide for the trial of facts in the several counties of this state, and to alter, change
and abolish, all such parts of the constitution and form of government as relate to the general
court and court of appeals.
BE IT ENACTED, by the General Assembly of Maryland,
That this state shall be divided into six judicial districts, in manner and form following, to wit:
Saint-Mary's, Charles and Prince-George's counties, shall be the first district; Cecil, Kent,
Queen-Anne's and Talbot counties, shall be the second district; Calvert, Anne-Arundel and
Montgomery counties, shall be the third district; Caroline, Dorchester, Somerset and Worcester
counties, shall be the fourth district; Frederick, Washington and Allegany counties, shall be the
fifth
district; Baltimore and Harford counties, shall be the sixth district; and there shall be appointed,
for each
of the said judicial districts, three persons of integrity and sound legal knowledge, residents of
the state
of Maryland, who shall, previous to and during their acting as judges, reside in the district for
which
they shall respectively be appointed, one of whom shall be styled in the commission Chief Judge,
and
the other two Associate Judges, of the district for which they shall be appointed; and the chief
judge,
together with the two associate judges, shall compose the county courts in each respective
district; and
each judge shall hold his commission during good behaviour, removable for misbehaviour on
conviction
in a court of law, or shall be removed by the governor, upon the address of the general assembly,
provided that two thirds of all the members of each house concur in such address; and the county
courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this
state, all
and every the powers, authorities and jurisdictions, which the county courts of this state now
have, use
and exercise, and which shall be hereafter prescribed by law; and the said county courts
established
by this act shall respectively hold their sessions in the several counties which times and places as
the legislature shall direct and appoint, and the salaries of the said judges shall not be diminished
during the period of their continuance in office.
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[Act of 1804, Ch. 55. Ratified 1805. This is the whole text of the act, which is contained in parts
in our
amendment number 011, 111, 311, and 411. This act and amendments affect the judiciary.]
An ACT to provide for the trial of facts in the several counties of this state, and to alter, change
and abolish, all such parts of the constitution and form of government as relate to the general
court and court of appeals.
BE IT ENACTED, by the General Assembly of Maryland,
That this state shall be divided into six judicial districts, in manner and form following, to wit:
Saint-Mary's, Charles and Prince-George's counties, shall be the first district; Cecil, Kent,
Queen-Anne's and Talbot counties, shall be the second district; Calvert, Anne-Arundel and
Montgomery counties, shall be the third district; Caroline, Dorchester, Somerset and Worcester
counties, shall be the fourth district; Frederick, Washington and Allegany counties, shall be the
fifth
district; Baltimore and Harford counties, shall be the sixth district; and there shall be appointed,
for each
of the said judicial districts, three persons of integrity and sound legal knowledge, residents of
the state
of Maryland, who shall, previous to and during their acting as judges, reside in the district for
which
they shall respectively be appointed, one of whom shall be styled in the commission Chief Judge,
and
the other two Associate Judges, of the district for which they shall be appointed; and the chief
judge,
together with the two associate judges, shall compose the county courts in each respective
district; and
each judge shall hold his commission during good behaviour, removable for misbehaviour on
conviction
in a court of law, or shall be removed by the governor, upon the address of the general assembly,
provided that two thirds of all the members of each house concur in such address; and the county
courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this
state, all
and every the powers, authorities and jurisdictions, which the county courts of this state now
have, use
and exercise, and which shall be hereafter prescribed by law; and the said county courts
established
by this act shall respectively hold their sessions in the several counties which times and places as
the legislature shall direct and appoint, and the salaries of the said judges shall not be diminished
during the period of their continuance in office.
II. AND BE IT ENACTED, That in any suit or action at law hereafter to be commenced or
instituted in any county court of this state, the judges thereof, upon suggestion, in writing, by
either of the parties thereto, supported by affidavit, or other proper evidence, that a fair and
impartial trial cannot be had in the county court of the county where such suit or action is
depending, shall and may order and direct the record of their proceedings in such suit or action to
be transmitted to the judges of any county court within the district for trial, and the judges of
such county court, to whom the said record shall be transmitted, shall hear and determine the
same in like manner as if such suit or action had been originally instituted therein; provided
nevertheless,
that such suggestion shall be made as aforesaid before or during the term in which the issue or
issues
may be joined in said suit or action; and provided also, that such further remedy may provided by
law
in the premises as the legislature shall from time to time direct and enact.
III. AND BE IT ENACTED, That if any party presented or indicted in any of the county courts
of this state, shall suggest, in writing, to the court in which such prosecution is depending, that a
fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to
order and direct the record of their proceedings in the said prosecution to be transmitted to the
judges of any adjoining county court for trial, and the judges of such adjoining county court shall
hear and determine the same in the same manner as if such prosecution had been originally
instituted therein; provided, that such further and other remedy may be provided by law in the
premises as the legislature may direct and enact.
IV. AND BE IT ENACTED, That if the attorney-general, or the prosecutor for the state, shall
suggest, in writing, to any county court before whom an indictment is or may be depending, that
the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the
said court, in their discretion, to order and direct the record of their proceedings in the said
prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges
of such county court shall hear and determine the same as if such prosecution had been originally
instituted therein.
V. AND BE IT ENACTED, That there shall be a court of appeals, and the same shall be
composed of the chief judges of the several judicial districts of this state, which said court of
appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions,
heretofore held, used and exercised, by the court of appeals of this state, and also the appellate
jurisdiction heretofore used and exercised by the general court; and the said court of appeals
hereby established shall sit on the western and eastern shores for transacting and determining the
business of the respective shores, at such times and places as the future legislature of this state
shall
direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to
hear
and decide in all cases pending in said court; and the judge who has given a decision in any case
in the
county court, shall withdraw from the bench upon the deciding of the same case before the court
of
appeals; and the judges of the court of appeals may ap |
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[Act of 1804, Ch. 55. Ratified 1805. Creates new section 3, article 9099]
II. AND BE IT ENACTED, That in any suit or action at law hereafter to be commenced or
instituted in any county court of this state, the judges thereof, upon suggestion, in writing, by
either of the parties thereto, supported by affidavit, or other proper evidence, that a fair and
impartial trial cannot be had in the county court of the county where such suit or action is
depending, shall and may order and direct the record of their proceedings in such suit or action to
be transmitted to the judges of any county court within the district for trial, and the judges of
such county court, to whom the said record shall be transmitted, shall hear and determine the
same in like manner as if such suit or action had been originally instituted therein; provided
nevertheless,
that such suggestion shall be made as aforesaid before or during the term in which the issue or
issues
may be joined in said suit or action; and provided also, that such further remedy may provided by
law
in the premises as the legislature shall from time to time direct and enact.
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[Act of 1804, Ch. 55. Ratified 1805. Creates new section 4, article 9099]
III. AND BE IT ENACTED, That if any party presented or indicted in any of the county courts
of this state, shall suggest, in writing, to the court in which such prosecution is depending, that a
fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to
order and direct the record of their proceedings in the said prosecution to be transmitted to the
judges of any adjoining county court for trial, and the judges of such adjoining county court shall
hear and determine the same in the same manner as if such prosecution had been originally
instituted therein; provided, that such further and other remedy may be provided by law in the
premises as the legislature may direct and enact.
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[Act of 1804, Ch. 55. Ratified 1805. Creates new section 5, article 9099]
IV. AND BE IT ENACTED, That if the attorney-general, or the prosecutor for the state, shall
suggest, in writing, to any county court before whom an indictment is or may be depending, that
the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the
said court, in their discretion, to order and direct the record of their proceedings in the said
prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges
of such county court shall hear and determine the same as if such prosecution had been originally
instituted therein.
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[Act of 1824, Ch. 205. Ratified 1825. New Section ]
An act for the relief of the Jews in Maryland.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That every citizen of this state professing the Jewish Religion,
and who shall hereafter be appointed to any office or public
trust under the state of Maryland, shall in addition to the oaths
required to be taken by the constitution and laws of the state, or of
the United States, make and subscribe a declaration of his belief
in a future state of rewards and punishments, in the stead of the
declaration now required by the constitution and form of government
of this state.
2. And be it enacted, That the several clauses and sections of
the declaration of rights, constitution and form of government,
and every part of any law to this state contrary to the provisions
of this act, so far as respects the sect of people aforesaid, shall be,
and the same is hereby declared to be repealed and annulled on the
confirmation hereof.
3. And be it enacted, That if this act shall be confirmed by the
general assembly of Maryland, after the next election of delegates
in the first session after such new election as the constitution and
form of government directs, in such case this act and the alterations
of the said constitution and form of government shall constitute
and be valid as a part of the said constitution and form of
government to all intents and purposes, any thing therein contained
to the contrary notwithstanding.
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[Act of 1834, Ch. 219. Ratified 1835. New Section]
An Act to alter and amend the Constitution.
Section 1. Be it enacted by the General Assembly of Maryland,
That after the expiration of existing lottery grants,
the Legislature of Maryland shall not pass any law authorizing
the drawing of any lottery, or the traffick or dealing
in lottery tickets, or schemes or devices in the nature of lotteries,
or the distribution of money or property by chance.
Sec. 2. And be it enacted, That all such parts of the
Constitution and form of government, as are inconsistent
with the provisions of this act, are hereby repealed; Provided,
this act shall be published at least three months before
a new election, and shall be confirmed by the General
Assembly, after the next election of Delegates, in the first
session after such new election, as the said constitution and
form of government directs.
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[Act of 1835, Ch. 256. Ratified 1836. New section, new counties]
An act for the division of Baltimore and Frederick Counties,
and for erecting a new one by the name of Carroll,
and to alter and change the Constitution of this
State, so far as may be necessary to effect the same.
WHEREAS, a considerable body of the inhabitants
of Baltimore and Frederick counties, by their petition
to this General Assembly, have prayed that an act may
be passed for a division of said counties, and for erecting
a new one out of parts thereof; and whereas, it appears
to this General Assembly, that the erecting of a
new county out of such parts of Baltimore and Frederick
counties, will conduce greatly to the ease and convenience
of the people thereof:-Therefore,
SECTION 1. Be it enacted by the General Assembly of
Maryland, That after the confirmation of this act, such
parts of the aforesaid counties of Baltimore and Frederick,
as are contained within the bounds and limits
following, to wit: beginning at the Pennsylvania line,
where Rock Creek crosses said line, thence with the
course of said creek until it merges in the Monocacy
river, thence with the Monocacy, to the point where
Double Pipe Creek empties into Monocacy, thence
with the course of Pipe Creek to the point of junction
if Little Pipe Creek and Big Pipe Creek, thence
with the course of Little Pipe Creek, to the point
where Sam's Creek empties into Little Pipe Creek,
thence with Sam's Creek to Warfield's Mill, thence
with the road called the Buffaloe Road, and to a
point called Par's Spring, thence with the Western
Branch of the Patapsco Falls to the point of its junction
with the Northern Branch of the Patapsco Falls,
thence with the Northern Branch of said Falls to the
bridge erected over said falls on the Turnpike Road,
leading from Reisterstown to Westminster, thence with
a straight course to the Pennsylvania line, running
North seventeen degrees East, thence with the Pennsylvania
line to the place of beginning, shall be erected
into a new county, by the name of Carroll county, and
that the Seat of Justice thereof be established at Westminster.
SEC. 2. And be it enacted, That the inhabitants of
Carroll county, shall have, hold and enjoy all the immunities,
rights, and privileges enjoyed by the inhabitants
of any other county in this State.
SEC. 3. And be it enacted, That the taxes which
shall be levied by the commissioners of Baltimore
county, prior to the confirmation of this act, on such
parts of Baltimore county as are to constitute a part of
Carroll county, shall be collected and paid to the
Treasurer of Baltimore county, and the same be applied
precisely, as if this act had not passed; and that
the taxes which shall be levied by the justices of the
levy court, of Frederick county, prior to the confirmation
of this act, on the parts of Frederick county, as
are to constitute Carroll county, shall be applied precisely
as if this act had not passed.
SEC. 4. And be it enacted, That all causes, process,
and pleadings which shall be depending in Frederick
county court, and Baltimore county court, when this
act shall be confirmed, shall and may be prosecuted as
effectually in the courts where the same be depending,
as if this act had not been made.
SEC. 5. And be it enacted, That the county of Carroll
shall be a part of the third judicial district of this
State, and the justices of the said district for the time
being shall be the judges of the county court of Carroll
county, and the said county court shall be held as
may be directed by law, and shall have and exercise
the same powers and jurisdiction, both at law and in
equity as other county courts of this State.
SEC. 6. And be it enacted, That the election districts
in Carroll county, shall be nine in number, and
their limits as well as the limits of the election districts
in Baltimore and Frederick counties, shall be established
after the confirmation of this act as shall be directed
by law.
SEC. 7. And be it enacted, That after the confirmation
of this act, by the next General Assembly, a writ
of election shall issue for holding an election in said
county for four delegates, to represent said county in
the General Assembly, which shall then be in session.
SEC. 8. And be it enacted, That if this act shall be
confirmed by the General Assembly, after the next
election of delegates at the first session after such new
election, according to the constitution and form of
government, that in such case this alteration and
amendment of the constitution and form of government
shall constitute and be valid as part thereof, and every
thing therein contained, repugnant to or inconsistent
with this act, be repealed and abolished.
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[Act of 1840 (Special Session), Ch. 55. Ratified 1841. New Section]
An act to alter and amend the Constitution of this State.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That it shall not be lawful for the Legislature
of this State, to authorize any loans upon the credit of this
State, which are not redeemable at the pleasure of the
State, until the proposed loans are sanctioned by an act
passed at the session of the General Assembly next succeeding
that at which they are proposed and passed, so
that the opinion of the people of the State may be expressed
thereon.
SEC. 2. And be it enacted, That if this act shall be confirmed
at the next General Assembly, the same shall be
considered as a part of the constitution and form of government
of this State.
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[Act of 1843, Ch. 339. Ratified 1844. New Section]
An act to amend the Constitution and Form of Government
of this State, prohibiting any money being drawn
from the Treasury of the State, but in consequence of
appropriations made by law.
SECTION 1. Be it enacted by the General Assembly of
Maryland, That no money shall be drawn from the Treasury
of this State, but in consequence of appropriations
made by law.
SEC. 2. And be it enacted, That if this act shall be confirmed
by the General Assembly, at its first session after
the next election of delegates to the General Assembly,
then this act and the amendment to the Constitution
therein contained, shall constitute and be valid as a part
of said Constitution and Form of Government to all
intents and purposes, and every thing therein contained,
repugnant to this act be repealed and abolished.
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This Form of Government was Assented to, and passed in Convention of the Delegates of the
freemen
of Maryland, begun and held at the city of Annapolis, the fourteenth of August, A. D. one
thousand
seven hundred and seventy-six.
By order of the Convention.
M. TILGHMAN, President.
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