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CONSTITUTION OF MARYLAND-1851

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THE DECLARATION OF RIGHTS

We, the people of the State of Maryland, grateful to Almighty God for our civil and religious
liberty,
and taking into our 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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ARTICLE 1. That all government of right originates from the people, is founded in compact
only, and
instituted solely for the good of the whole; and they have at all times, according to the mode
prescribed
in this constitution, the unalienable right to alter, reform, or abolish their form of government, in
such
manner as they may deem expedient.

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ART. 2. 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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ART. 3. 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 on
the fourth day of July, seventeen hundred and seventy-six, and which, by experience, have been
found
applicable to their local and other circumstances, and have been introduced, used, and practised
by the
courts of law or equity, and also of all acts of assembly in force on the first Monday of
November,
eighteen hundred and fifty, except such as may have since expired, or may be altered by this
constitution, 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 Majesty Charles the First to Caecilius Calvert, Baron of Baltimore.

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ART. 4. 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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ART. 5. That the right of 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
free white male citizen having the qualifications prescribed by the constitution ought to have the
right of
suffrage,

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ART. 6. That the legislative, executive, and judicial powers of government ought to be forever
separate
and distinct from each other; and no person exercising the functions of one of said departments
shall
assume or discharge the duties of any other.

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ART. 7. 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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ART. 8. That freedom of speech and debate, or proceedings in the legislature, ought not to be
impeached in any court of judicature.

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ART. 9. That Annapolis be the place for the meeting of the legislature; and the legislature ought
not to
be convened or held at any other place but from evident necessity.

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ART. 10. That for the redress of grievances, and for amending, strengthening, and preserving the
laws,
the legislature ought to be frequently convened.

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ART. 11. 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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ART. 12. That no aid, charge, tax, burden, or fees ought to be rated or levied, under any pretence,
without the consent of the legislature.

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ART. 13. That the levying of 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, or person holding property therein, ought to contribute his proportion of public taxes, for
the
support of government, according to his actual worth in real or personal property; yet fines,
duties, or
taxes may properly and justly be imposed or laid on persons or property, with a political view,
for the
good government and benefit of the community.

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ART. 14. 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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ART. 15. That retrospective laws, punishing acts 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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ART. 16, 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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ART. 17. That every freeman, for any injury done to 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 right, freely without
sale, fully
without any denial, and speedily without delay, according to the law of the land.

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ART. 18. That the trial of facts, where they arise, is one of the greatest securities of the lives,
liberties,
and estate of the people.

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ART. 19. 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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ART. 20. That no man ought to be compelled to give evidence against himself in a court of
common
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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ART. 21. That no freeman ought to be taken or imprisoned, or disseized of his freehold, liberties,
or
privileges, or outlawed, 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: Provided, That nothing in
this
article shall be so construed as to prevent the legislature from passing all such laws for the
government,
regulation, and disposition of the free colored population of this State as they may deem
necessary.

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ART. 22. That excessive bail ought not be required, nor excessive fines imposed, nor cruel or
unusual
punishment inflicted by the courts of law.

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ART. 23. 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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ART. 24. That no conviction shall work corruption of blood or forefeiture of estate. 

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ART. 25. That a well-regulated militia is the proper and natural defence of a free government.

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ART. 26. 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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ART. 27. 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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ART. 28. 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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ART. 29. 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 martial law.

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ART. 30. 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 judges shall
not
be removed, except for misbehavior, on conviction in   a court of law, or 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. No such judges shall hold any other office, civil or military, or political trust or
employment of any kind whatsoever, under the constitution or laws of this State, or of the United
States, or any of them, or receive fees or perquisites of any kind for the discharge of his official
duties.

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ART. 31. That a long continuance in the 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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ART. 32. That no person ought to hold at the same time more than one office of profit, created
by the
constitution or laws of this State; 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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ART. 33. That as it is the duty of every man to worship God in such manner as he thinks most
acceptable to him, all persons 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 color 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 in any place of worship or any ministry; nor shall any person be
deemed
incompetent as a witness or juror who believes in the existence of a God, and that under his
dispensation such person will be held morally accountable for his acts, and be rewarded or
punished
therefor, either in this world or the world to come.

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ART. 34. That no other test or qualification ought to be required, on admission to any office of
trust or
profit, than such oath of office as may be prescribed by this constitution, or by the laws of the
State,
and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the
declaration shall be of his belief in a future, state of rewards and punishments.

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ART. 35. That every gift, sale, or devise of land, 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, 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
five
acres, for a church, meeting-house, or other house of worship, or parsonage, or 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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ART. 36. That the manner of administering an oath or affirmation to any person ought to be such
as
those of the religious persuasion, profession, or denomination of which he is a member generally
esteem
the most effectual confirmation by the attestation of the Divine Being.

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ART. 37. That the city of Annapolis ought to have all its rights, privileges, and benefits,
agreeably to its
charter and the acts of assembly confirming and regulating the same, subject to such alterations
as have
been or as may be made by the legislature.

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ART. 38. That the liberty of the press ought to be inviolably preserved.

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ART. 39. 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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ART. 40. That no title of nobility or hereditary honors ought to be granted in this State.

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ART. 41. That the legislature ought to encourage the diffusion of knowledge and virtue, the
promotion
of literature, the arts, sciences, agriculture, commerce, and manufactures, and the general
melioration of
the condition of the people.

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ART. 42. This enumeration of rights shall not be construed to impair or deny others retained by
the
people.

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ART. 43. That this constitution shall not be altered, changed, or abolished, except in the manner
therein
prescribed and directed.

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THE CONSTITUTION

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ARTICLE I

ELECTIVE FRANCHISE

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SECTION 1. Every free white male person, of twenty-one years of age or upwards, who shall
have
been one year next preceding the election a resident of the State, and for six months a resident of
the
city of Baltimore, or of any county in which he may offer to vote, and being at the time of the
election a
citizen of the United States, shall be entitled to vote in the ward or election district in which he
resides,
in all elections hereafter to be held; and at all such elections the vote shall be taken by ballot.
And in
case any county or city shall be so divided as to form portions of different electoral districts for
the
election of Congressmen, senator, delegate, or other officer or officers, then to entitle a person to
vote
for such officer, he must have been a resident of that part of the county or city which shall form a
part of
the electoral district in which he offers to vote for six months next preceding the election; but a
person
who shall have acquired a residence in such county or city entitling him to vote at any such
election,
shall be entitled to vote in the election district from which he removed until he shall have
acquired a
residence in the part of the county or city to which he has removed.

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SEC. 2. That if any person shall give, or offer to give, directly or indirectly, any bribe, present, or
reward, or any promise, or any security for the payment or delivery of money or any other thing
to
induce any voter to refrain from casting his vote, or forcibly to prevent him in any way from
voting, or to
obtain or procure a vote for any candidate or person proposed or voted for as elector of President
and
Vice-President of the United States, or Representative in Congress, or for any office of profit or
trust
created by the constitution or laws of this State, or by the ordinances or authority of the mayor
and city
council of Baltimore, the person giving or offering to give, and the person receiving the same,
and any
person who gives or causes to be given an illegal vote, knowing it to be so, at any election to be
hereafter held in this State, shall, on conviction in a court of law, in addition to the penalties now
or
hereafter to be imposed by law, be forever disqualified to hold any office of profit or trust, or to
vote at
any election thereafter.

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SEC. 3. It shall be the duty of the general assembly of Maryland to pass laws to punish with fine
and
imprisonment any person who shall remove into any election district or ward of the city of
Baltimore,
not for the purpose of acquiring a bona-fide residence therein, but for the purpose of voting
therein at
an approaching election, or who shall vote in any election district or ward in which he does not
reside,
(except in the case provided for in the first article of the constitution,) or shall, at the same
election, vote
in more than one election district or ward, or shall vote or offer to vote in any name not his own,
or in
place of any other person of the same name, or shall vote in any county in which he does not
reside.

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SEC. 4. Every person elected or appointed to any office of profit or trust under the constitution or
laws
made pursuant thereto, before he shall enter upon the duties of such office shall take and
subscribe the
following oath or affirmation: " I, A. B., do swear [or affirm, as the case may be] that I will
support the
Constitution of the United States, and that I will be faithful and bear true allegiance to the State
of
Maryland, and support the constitution and laws thereof; 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, and that since the adoption of the present constitution I
have not
in any manner violated the provisions thereof in relation to the bribery of voters or preventing
legal or
procuring illegal votes to be given; and [if a governor, senator, member of the house of delegates,
or
judge] 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---."And if any person. elected or appointed to office as aforesaid,
shall
refuse or neglect to take the said oath or affirmation, he shall be considered as having refused to
accept
the said office, and a new election or appointment shall be made as in case of refusal or
resignation, and
any person swearing or affirming falsely in the premises shall, on conviction thereof in a court of
law,
incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any
election,
and also incapable of holding any office of profit or trust in this State.

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SEC. 5. That no person above the age of twenty-one years, convicted of larceny or other
infamous
crime, unless he shall be pardoned by the executive, shall ever thereafter be entitled to vote at
any
election in this State, and no person under guardianship as a lunatic, or as a person non compos
mentis, shall be entitled to vote.

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ARTICLE II

EXECUTIVE DEPARTMENT

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SECTION 1. The executive power of the State shall be vested in a governor whose term of office
shall
commence on the second Wednesday of January next ensuing his election, and continue for four
years,
and until his successor shall have qualified.

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SEC. 2. The first election for governor under this constitution shall be held on the first
Wednesday of
November, in the year eighteen hundred and fifty-three, and on the same day and month in every
fourth
year thereafter, at the places of voting for delegates to the general assembly, and every person
qualified
to vote for delegates shall be qualified and entitled to vote for governor; the election to be held in
the
same manner as the election of delegates, and the returns thereof, under seal, to be addressed to
the
speaker of the house of delegates, and inclosed and transmitted to the secretary of state, and
delivered
to the said speaker at the commencement of the session of the legislature next ensuing said
election.

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SEC. 3. The speaker of the house of delegates shall then open the said returns in the presence of
both
houses, and the person having the highest number of votes, and being constitutionally eligible,
shall be
the governor, and shall qualify in the manner herein prescribed, on the second Wednesday of
January
next ensuing his election, or as soon thereafter as may be practicable.

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SEC. 4. If two or more persons shall have the highest and an equal number of votes, one of them
shall
be chosen governor by the senate and house of delegates; and all questions in relation to the
eligibility of
governor, and to the returns of said election, and to the number and legality of votes therein
given, shall
be determined by the house of delegates. And if the person or persons having the highest number
of
votes be ineligible, the governor shall be chosen by the senate and house of delegates. Every
election of
governor, by the legislature, shall be determined by a joint majority of the senate and house of
delegates, and the vote shall be taken viva voce. But if two or more persons shall have the
highest and
an equal number of votes, then a second vote shall be taken, which shall be confined to the
persons
having an equal number; and if the votes should again be equal, then the election of governor
shall be
determined by lot between those who shall have the highest and an equal number on the first
vote.

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SEC. 5. The State shall be divided into three districts, Saint Mary's, Charles, Calvert, Prince
George's,
Anne Arundel, Montgomery, and Howard Counties, and the city of Baltimore, to be the first; the
eight
counties of the eastern shore to be the second; and Baltimore, Harford, Frederick, Washington,
Alleghany, and Carroll Counties to be the third. The governor, elected from the third district in
October
last, shall continue in office during the term for which he was elected. The governor shall be
taken from
the first district, at the first election of governor under this constitution, from the second district
at the
second election, and from the third district at the third election, and in like manner, afterwards,
from
each district, in regular succession.

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SEC. 6. A person to be eligible to the office of governor must have attained the age of thirty
years, and
been for five years a citizen of the United States, and for five years next preceding his election a
resident of the State, and for three years a resident of the district from which he was elected.

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SEC. 7. In case of the death or resignation of the governor, or of his removal from the State, the
general assembly, if in session, or if not, at their next session, shall erect some other qualified
resident of
the same district to be the governor for the residue of the term for which the said governor had
been
elected.

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SEC. 8. In case of any vacancy in the office of governor during the recess of the legislature, the
president of the senate shall discharge the duties of said office till a governor is elected as herein
provided for; and in case of the death or resignation of said president, or of his removal from the
State,
or of his refusal to serve, then the duties of said office shall, in like manner, and for the same
interval,
devolve upon the speaker of the house of delegates, and the legislature may provide by law for
the case
of impeachment or inability of the governor, and declare what person shall perform the executive
duties
during such impeachment or inability; and for any vacancy in said office, not herein provided for
provision may be made by law, and if such vacancy should occur without such provision being
made,
the legislature shall be convened by the secretary of state for the purpose of filling said vacancy.

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SEC. 9. The governor shall be commander-in-chief of the land and naval forces of the State, and
may
call out the militia to repel invasions, suppress insurrections, and enforce the execution of the
laws; but
shall not take the command in person without the consent of the legislature.

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SEC. 10. He shall take care that the laws be faithfully executed.

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SEC. 11. He shall nominate and, by and with the advice and consent of the senate, appoint all
civil and
military officers of the State, whose appointment or election is not otherwise herein provided for,
unless
a different mode of appointment be prescribed by the law creating the office.

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SEC. 12. In case of any vacancy during the recess of the senate, in any office which the governor
has
power to fill, he shall appoint some suitable person to said office, whose commission shall
continue in
force till the end of the next session of the legislature, or till some other person is appointed to
the same
office, whichever shall first occur, and
the nomination of the person thus appointed during the recess, or of some other person in his
place,
shall be made to the senate within thirty days after the next meeting of the legislature.

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SEC. 13. No person, after being rejected by the senate, shall be again nominated for the same
office at
the same session, unless at the request of the senate; or be appointed to the same office during the
recess of the legislature.

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SEC. 14. All civil officers appointed by the governor and senate shall be nominated to the senate
within
fifty days from the commencement of each regular session of the legislature; and their term of
office shall
commence on the first Monday of May next ensuing their appointment, and continue for two
years,
(unless sooner removed from office) and until their successors , respectively, qualify accordign to
law.

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SEC. 15. The governor may suspend or arrest any military officer of the State for disobedience of
orders, or other military offence, and may remove him in pursuance of the sentence of a
court-martial;
and may remove, for incompetency or misconduct, all civil officers who receive appointments
from the
executive for a term not exceeding two years.

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SEC. 16. The governor may convene the legislature, or the senate alone, on extraordinary
occasions;
and whenever, from the presence of an enemy or from any other cause, the seat of government
shall
become an unsafe place for the meeting of the legislature, he may direct their sessions to be held
at
some other convenient place.

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SEC. 17. It shall be the duty of the governor semi-annually, and oftener if he deem it expedient,
to
examine the bank-book, account-books, and official proceedings of the treasurer and comptroller
of
the State.

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SEC. 18. He shall, from time to time, inform the legislature of the condition of the State, and
recommend to their consideration such measures as he may Judge necessary and expedient.

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

*** SEND ***
*** SSTART 020.0 002.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 021.0 002.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 022.0 002.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 023.0 002.0 0 MD 1851 ***

SEC. 23. He shall carefully keep and preserve a record of all official acts and proceedings,
(which
may, at all times, be inspected by a committee of either branch of the legislature,) and shall
perform
such other duties as may be prescribed by law, or as may properly belong to his office.

*** SEND ***
*** AEND ***
*** ASTART 003.0 MD 1851 ***

ARTICLE, III

LEGISLATIVE DEPARTMENT


*** SSTART 001.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 002.0 003.0 0 MD 1851 ***

SEC. 2. Every county of the State, and the city of Baltimore, shall be entitled to elect one
senator, who
shall be elected by the qualified voters of the counties and city of Baltimore, respectively, and
who shall
serve for four years from the day of their election. 

*** SEND ***
*** SSTART 003.0 003.0 0 MD 1851 ***

SEC. 3. The legislature at its first session after the returns of the national census of eighteen
hundred
and sixty are published, and in like manner after each subsequent census, shall apportion the
members
of the house of delegates among the several counties of the State, according to the population of
each,
and shall always allow to the city of Baltimore four more delegates than are allowed to the most
populous county, but no county shall be entitled to less than two members, nor shall the whole
number
of delegates ever exceed eighty, or be less than sixty-five; and, until the apportionment is made
under
the census of eighteen hundred and sixty, Saint Mary's County shall be entitled to two delegates;
Kent,
two; Anne Arundel, three; Calvert, two; Charles, two; Baltimore County, six; Talbot, two;
Somerset,
four; Dorchester, three; Cecil, three, Prince George's, three; Queen Anne's, two; Worcester, three;
Frederick, six; Harford, three; Caroline, two; Baltimore City, ten; Washington, five;
Montgomery, two;
Alleghany, four; Carroll, three, and Howard, two.

*** SEND ***
*** SSTART 004.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 005.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 006.0 003.0 0 MD 1851 ***

SEC. 6. Immediately after the senate shall have convened after the first election under this
constitution,
the senators shall be divided, by lot, into two classes, as nearly equal in number as may be; the
senators
of the first class shall go out of office at the expiration of two years, and senators shall be elected
on the
first, Wednesday of November, eighteen hundred and fifty-three, for the term of four years, to
supply
their places; so that after the first election, one-half of the
senators may be chosen every second Year: Provided, That in no case shall any senator be placed
in a
class which shall entitle him to serve for a longer term than that for which he was elected. In case
the
number of senators be hereafter increased, such classification of the additional senators shall be
made
as to preserve as nearly as may be an equal number in each class.

*** SEND ***
*** SSTART 007.0 003.0 0 MD 1851 ***

SEC. 7. The general assembly shall meet on the first Wednesday of January, eighteen hundred
and
fifty-two, on the same day in the year eighteen hundred and fifty-three, and on the same day in
the year
eighteen hundred and fifty-four, and on the same day in every second year thereafter, and at no
other
time unless convened by the proclamation of the governor.

*** SEND ***
*** SSTART 008.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 009.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 010.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 011.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 012.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 013.0 003.0 0 MD 1851 ***

SEC. 13. A majority of each house shall constitute a quorum for the transaction of business, but a
smaller number may adjourn from day to day, and compel the attendance of absent members in
such
manner and under such penalties as each house may prescribe.

*** SEND ***
*** SSTART 014.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 015.0 003.0 0 MD 1851 ***

SEC. 15. Each house shall keep a journal of its proceedings, and cause the same to be published.
The
yeas and nays of members on any question shall, at the call of any five of them, in the house of
delegates, or one in the senate, be entered on the journal.

*** SEND ***
*** SSTART 016.0 003.0 0 MD 1851 ***

SEC. 16. Neither house shall, without the consent of the other, adjourn for more than three days;
nor to
any other place than that in which the house shall be sitting, without the concurrent vote of
two-thirds of
the members resent.

*** SEND ***
*** SSTART 017.0 003.0 0 MD 1851 ***

SEC. 17. The style of all laws of this State shall be, "Be It enacted by the general assembly of
Maryland," and all laws shall be passed by original bill, and every law enacted by the legislature
shall
embrace but one subject, and that shall be described in the title, and no law or section of law
shall be
revived, amended, or repealed by reference to its title or section only, and it shall be the duty of
the
legislature, at the first session after the adoption of this constitution, to appoint two
commissioners,
learned in the law, to revise and codify the laws of this State; and the said commissioners shall
report
the said code so formed, to the legislature, within a time to be by it determined, for its approval,
amendment, or rejection; and, if adopted after the revision and codification of the said laws it
shall be
the duty of the legislature, in amending any article or section thereof, to enact the same as the
said
article or section would read when amended. And whenever the legislature shall enact any public
general law, not amendatory of any section or article in the said code, it shall be the duty of the
legislature to enact the same in articles and sections, in the same manner as the said code may be
arranged, and to provide for the publication of all additions and alterations which may be made
to the
said code; and it shall also be the duty of the legislature to appoint one or more commissioners
learned
in the law, whose duty it shall be to revise, simplify, and abridge the rules of practice, pleadings,
forms
of conveyancing, and proceedings of the courts of record in this State.

*** SEND ***
*** SSTART 018.0 003.0 0 MD 1851 ***

SEC. 18. Any bill may originate in either house of the general assembly, and be altered,
amended, or
rejected by the other, but no bill shall originate in either house during the last three days of the
session,
or become a law, until it be read on three different days of the session in each house, unless
three-
fourths of the members of the house where such bill is pending shall so determine.

*** SEND ***
*** SSTART 019.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 020.0 003.0 0 MD 1851 ***

SEC. 20. No money shall be drawn from the treasury of the State, except in accordance with an
appropriation made by law, and every such law shall distinctly specify the sum appropriated, and
the
object to which it shall be applied: Provided, That nothing herein contained shall prevent the
legislature
from placing a contingent fund at the disposal of the executive, who shall report to the legislature
at each
session the amount expended and the purposes to which it was applied. An accurate statement of
the
receipts and expenditures of the public money shall be attached to and published with the laws
after
each regular session of the general assembly.

*** SEND ***
*** SSTART 021.0 003.0 0 MD 1851 ***

SEC. 21. No divorce shall be granted by the general assembly.

*** SEND ***
*** SSTART 022.0 003.0 0 MD 1851 ***

SEC. 22. No debts shall hereafter be contracted by the legislature, unless such debt shall be
authorized
by a law providing for the collection of an annual tax or taxes sufficient to pay the interest on
such debt
as it falls due. and also to discharge the principal thereof within fifteen years from the time of
contracting
the same, and the taxes laid for this purpose shall not be repealed or applied to any other object
until
the said debt and the interest thereon shall be fully discharged, and the amount of debts so
contracted
and remaining unpaid shall never exceed one hundred thousand dollars. The credit of the State
shall not,
in any manner, be given or loaned to or in aid of any individual, association, or corporation, nor
shall the
general assembly have the power, in any mode, to involve the State in the construction of works
of
internal improvement, or in any enterprise which shall involve the faith or credit of the State, or
make
any appropriations therefor. And they shall not use or appropriate the proceeds of the internal-
improvernent companies, or of the State tax now levied, or which may hereafter be levied, to pay
off
the public debt, to any other purpose, until the interest and debt are fully paid; or the  sinking
fund shall
be equal to the amount of the outstanding debt; but the legislature may, without laying a tax,
borrow an
amount, never to exceed fifty thousand dollars, to meet temporary deficiencies in the treasury,
and may
contract debts to any amount that may be necessary for the defence of the State.

*** SEND ***
*** SSTART 023.0 003.0 0 MD 1851 ***

SEC. 23. No extra compensation shall be granted or allowed by the general assembly to any
public
officer, agent, servant, or contractor, after the services shall have been rendered or the contract
entered
into. Nor shall the salary or compensation of any public officer be increased or diminished during
his
term of office.

*** SEND ***
*** SSTART 024.0 003.0 0 MD 1851 ***

SEC. 24. No senator or delegate, after qualifying as such, shall, during the term for which he was
elected, be eligible to any office which shall have been created, or the salary or profits of which
shall
have been increased, during such term, or shall, during said term, hold any office or receive the
salary
or profits of any office, under the appointment of the executive or legislature.

*** SEND ***
*** SSTART 025.0 003.0 0 MD 1851 ***

SEC. 25. Each house may punish by imprisonment, during the session of the general assembly,
any
person not a member, for disrespectful or disorderly behavior in its presence, or for obstructing
any of
its proceedings or any of its officers in the execution of their duties: Provided, Such
imprisonment shall
not, at any one time, exceed ten days.

*** SEND ***
*** SSTART 026.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 027.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 028.0 003.0 0 MD 1851 ***

SEC. 28. The house of delegates may inquire, on the oath of witnesses, into all complaints,
grievances,
and offences, as the grand inquest of the State, and may commit any person for any crime to the
public
jail, there to remain until discharged by due course of law; they may examine and pass all
accounts of
the State relating either in the collection or expenditure of the revenue, and appoint auditors to
state and
adjust the same; they may call for all public or official papers and records, and send for persons
whom
they may judge necessary in the course of their inquiries concerning affairs relating to the public
interest,
and may direct all office bonds which shall be made payable to the State to be sued for any
breach of
duty.

*** SEND ***
*** SSTART 029.0 003.0 0 MD 1851 ***

SEC. 29. In case of death, disqualification, resignation, refusal to act, expulsion, or removal from
the
county or city for which he shall have been elected, of any person who shall have been chosen as
a
delegate or senator, or in case of a tie between two or more such qualified persons, a warrant of
election shall be issued by the speaker of the house of delegates or president of the senate, as the
case
may be, for the election of another person in his place, of which election not less than ten days
notice
shall be given, exclusive of the day of the publication of the notice and of the day of election; and
in
case of such resignation or refusal to act being communicated in writing, to the governor, by the
person
making it, or if such death occur during the legislative recess and more than ten days before its
termination, it shall be the duty of the governor to issue a warrant of election to supply the
vacancy thus
created in the same manner that the said speaker or president might have done during the session
of the
legislature: Provided, however, That unless a meeting of the general assembly may intervene, the
election thus ordered to fill such vacancy shall be held on the day of the ensuing election for
delegates
and senators.

*** SEND ***
*** SSTART 030.0 003.0 0 MD 1851 ***

SEC. 30. The senators and delegates shall receive a per diem of four dollars, and such mileage as
may
be allowed by law, and the presiding officer of each house shall be allowed an addition of one
dollar
per day. No book or other printed matter not appertaining to the business of the session shall be
purchased or subscribed for, for the use of the members, or be distributed among them at the
public
expense.

*** SEND ***
*** SSTART 031.0 003.0 0 MD 1851 ***

SEC. 31. No law passed by the general assembly shall take effect until the first day of June next
after
the session at which it may be passed, unless it be otherwise expressly declared therein.

*** SEND ***
*** SSTART 032.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 033.0 003.0 0 MD 1851 ***

SEC. 33. The general assembly shall have full power to exclude from the privilege of voting at
elections,
or of holding any civil or military office in this State, any person who may thereafter be
convicted of
perjury, bribery, or other felony, unless such person shall have been pardoned by the executive.

*** SEND ***
*** SSTART 034.0 003.0 0 MD 1851 ***

SEC. 34. Every bill, when passed by the general assembly and sealed with the great seal, shall be
presented to the governor, who shall sign the same in the presence of the presiding officers and
chief
clerks of the senate and house of delegates. Every law shall be recorded in the office of the court
of
appeals, and in due time be printed, published, and certified under the great seal to the several
courts in
the same manner as has been heretofore usual in this State.

*** SEND ***
*** SSTART 035.0 003.0 0 MD 1851 ***

SEC.35. No person who may hereafter be a collector, receiver, or holder of public moneys shall
be
eligible as senator or delegate, or to any office of profit or trust under this State, until he shall
have
accounted for and paid into the treasury all sums on the books thereof, charged to and due by
him.

*** SEND ***
*** SSTART 036.0 003.0 0 MD 1851 ***

SEC. 36. Any citizen of this State who shall, after the adoption of this constitution, either in or
out of
this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall
act as
second, or knowingly aid or assist in any manner those thus offending, shall ever thereafter be
incapable
of holding any office of trust or profit under this State.

*** SEND ***
*** SSTART 037.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 038.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 039.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 040.0 003.0 0 MD 1851 ***

SEC. 40. The legislature shall, at its first session after the adoption of this constitution, adopt
some
simple and uniform system of charges in the offices of clerks of courts and registers of wills in
the
counties of this State and the city of Baltimore, and for the collection thereof: Provided, The
amount of
compensation to any of said officers shall not exceed the sum of twenty-five hundred dollars a
year,
over and above office expenses, and compensation to assistants: And provided further, That such
compensation of clerks, registers, assistants, and office expenses shall always be paid out of the
fees or
receipts of the offices respectively.

*** SEND ***
*** SSTART 041.0 003.0 0 MD 1851 ***

SEC.41. The house of delegates shall have the sole power of impeachment in all cases, but a
majority
of all the members must concur in an impeachment; all impeachments shall be tried by the
senate, and
when sitting for that purpose they shall be on oath or affirmation to do justice according to the
law and
evidence, but no person shall be convicted without the concurrence of two-thirds of all the
senators.

*** SEND ***
*** SSTART 042.0 003.0 0 MD 1851 ***

SEC. 42. That it shall be the duty of the legislature, so soon as the public debt shall have been
fully paid
off, to cause to be transferred to the several counties and the city of Baltimore stock in the
internal-
improvement companies, equal to the amount respectively paid by each toward the erection and
completion of said works, at the then market-value of said stock.

*** SEND ***
*** SSTART 043.0 003.0 0 MD 1851 ***

SEC. 43. The legislature shall not pass any law abolishing the relation of master or slave, as it
now
exists in this State.

*** SEND ***
*** SSTART 044.0 003.0 0 MD 1851 ***

SEC. 44. No person shall be imprisoned for debt.

*** SEND ***
*** SSTART 045.0 003.0 0 MD 1851 ***

SEC. 45. The legislature hereafter shall grant no charter for banking purposes or renew any
banking
corporation now in existence, except upon the condition that the stockholders and directors shall
be
liable to the amount of their respective share or shares of stock in such banking institution for all
its
debts and liabilities upon note, bill, or otherwise; and upon the further condition that no director
or other
officer of said corporation shall borrow any money from said corporation; and if any director or
other
officer shall be convicted upon indictment of directly or indirectly violating this article, he shall
be
punished by fine or imprisonment at the discretion of the court. All banks shall be open to
inspection of
their books, papers, and accounts, under such regulations as may be prescribed by law.

*** SEND ***
*** SSTART 046.0 003.0 0 MD 1851 ***

SEC. 46. The legislature shall enact no law authorizing private property to be taken for public
use,
without just compensation, as agreed upon between the parties or awarded by a jury, being first
paid or
tendered to the party entitled to such compensation.

*** SEND ***
*** SSTART 047.0 003.0 0 MD 1851 ***

SEC. 47. Corporations may be formed under general laws, but shall not be created by special act,
except for municipal purposes, and in cases where, in the judgment of the legislature, the object
of the
corporation cannot be attained under general laws. All laws and special acts, pursuant to this
section,
may be altered from time to time, or repeated: Provided, Nothing herein contained shall be
construed
to alter, change, or amend in any manner the article in relation to banks.

*** SEND ***
*** SSTART 048.0 003.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 049.0 003.0 0 MD 1851 ***

SEC. 49. That the rate of interest in this State shall not exceed 6 per cent. per annum, and no
higher
rate shall be taken or demanded, and the legislature shall provide, by law, all necessary
forfeitures and
penalties against usury.

*** SEND ***
*** AEND ***

*** ASTART 004.0 MD 1851 ***

ARTICLE IV

JUDICIARY DEPARTMENT

*** SSTART 001.0 004.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 002.0 004.0 0 MD 1851 ***

SEC. 2. The court of appeals shall have appellate jurisdiction only, which shall be coextensive
with the
limits of the State. It shall consist of a chief justice and three associate justices, any three of
whom shall
form a quorum, whose judgment shall be final and conclusive in all cases of appeals; and who
shall have
the jurisdiction which the present court of appeals of this State now has, and such other appellate
jurisdiction as hereafter may be provided for by law. And in every case decided, an opinion, in
writing,
shall be filed, and provision shall be made by law for publishing reports of cases argued and
determined
in the said court. The governor, for the time being, by and with the advice and consent of the
senate,
shall designate the chief justice, and the court of appeals shall hold its sessions at the city of
Annapolis,
on the first Monday of June and the first Monday of December, in each and every year.

*** SEND ***
*** SSTART 003.0 004.0 0 MD 1851 ***

SEC. 3. The court of appeals shall appoint its own clerk, who shall hold his office for six years,
and
may be reappointed at, the end thereof; he shall be subject to removal by the said court for
incompetency, neglect of duty, misdemeanor in office, and for such other causes as may be
prescribed
by law.

*** SEND ***
*** SSTART 004.0 004.0 0 MD 1851 ***

SEC. 4. The State shall be divided into four judicial districts: Alleghany, Washington, Frederick,
Carroll, Baltimore, and Harford Counties shall compose the first; Montgomery, Howard, Anne
Arundel, Calvert, Saint Mary's, Charles, and Prince George's the second; Baltimore City the
third; and
Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and Worcester shall compose
the
fourth district. And one person from among those learned in the law, having been admitted to
practise in
this State, and who shal1 have been a citizen of this State at least five years, and above the age of
thirty
years at the time of his election, and a resident of the judicial district, shall be elected from each
of said
districts by the legal and qualified voters therein, as a judge of the said court of appeals, who
shall hold
his office for the term of ten years from the time of his election, or until he shall have attained the
age of
seventy years, whichever may first happen, and be reeligible thereto until he shall have attained
the age
of seventy years, and not after, subject to removal for incompetency. wilful neglect of duty, or
misbehavior in office, on conviction in a court of law, or by the governor upon the address of the
general assembly, two-thirds of the members of each house concurring in such address; and the
salary
of each of the judges, of the court of appeals shall be two thousand five hundred dollars annually,
and
shall not be increased or diminished during their continuance in office; and no fees or perquisites
of any
kind shall be allowed by law to any of the said judges.

*** SEND ***
*** SSTART 005.0 004.0 0 MD 1851 ***

SEC. 5. No judge of the court of appeals shall sit in any case wherein he may be interested, or
where
either of the parties may be connected with him by affinity or consanguinity within such degrees
as may
be prescribed by law, or when he shall have been of counsel in said case; when the court of
appeals, or
any of its members, shall be thus disqualified to hear and determine any case or cases in said
court, so
that by reason thereof no judgment can be rendered in said court, the same shall be certified to
the
governor of the State, who shall immediately commission the requisite number of persons
learned in the
law for the trial and determination of said case or cases.

*** SEND ***
*** SSTART 006.0 004.0 0 MD 1851 ***

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

*** SEND ***
*** SSTART 007.0 004.0 0 MD 1851 ***

SEC. 7. All public commissions and grants shall run thus: "The State of Maryland" &c., and
shall be
signed by the governor, with the seal of the State annexed; all writs and process shall run in the
same
style, and be tested, sealed, and signed as usual; and all indictments shall conclude, " against the
peace,
government, and dignity of the State."

*** SEND ***
*** SSTART 008.0 004.0 0 MD 1851 ***

SEC. 8. The State shall be divided into eight judicial circuits, in manner and form following, to
wit: Saint
Mary's, Charles, and Prince George's Counties shall be the first; Anne Arundel, Howard, Calvert,
and
Montgomery Counties shall be the second; Frederick and Carroll Counties shall be the third;
Washington and Alleghany Counties shall be the fourth; Baltimore City shall be the fifth;
Baltimore,
Harford, and Cecil Counties shall be the sixth; Kent, Queen Anne's, Talbot, and Caroline
Counties
shall be the seventh; and Dorchester, Somerset, and Worcester Counties shall be the eighth; and
there
shall be elected, as hereinafter directed, for each of the said judicial circuits, except the fifth, one
person
from among those learned in the law, having been admitted to practise in this State, and who
shall have
been a citizen of this State at least five years, and above the age of thirty years at the time of his
election, and a resident of the judicial circuit, to be judge thereof; the said judges shall be styled
circuit
judges, and shall respectively hold a term of their courts at least twice in each year, or oftener if
required by law, in each county composing their respective circuits; and the said courts shall be
called
circuit courts for the county in which they may be held, and shall have and exercise in the several
counties if this State all the power, authority, and jurisdiction which the county courts of this
State  now
have and exercise, or which may hereafter be prescribed by law, and the said judges in their
respective
circuits shall have and exercise all the power, authority, and jurisdiction of the present court of
chancery
of Maryland: Provided, nevertheless, That Baltimore County court may hold its sittings within
the limits
of the city of Baltimore until provision shall be made by law for the location of a county-seat
within the
limits of the said county proper, and the erection of a court-house and all other appropriate
buildings for
the convenient administration of justice in said court.

*** SEND ***
*** SSTART 009.0 004.0 0 MD 1851 ***

SEC. 9. The judges of the several judicial circuits shall be citizens of the United States, and shall
have
resided five years in this State, and two years in the judicial circuit for which they may be
respectively
elected, next before the time of their election; and shall reside therein while they continue to act
as
judges; they shall be taken from among those who, having the other qualifications herein
prescribed, are
most distinguished for integrity, wisdom, and sound legal knowledge, and shall be elected by the
qualified voters of the said circuits, and shall hold their offices for the term of ten years,
removable for
misbehavior, on conviction in a court of law, or by the governor, upon the address of the general
assembly, provided that two-thirds of the members of each house shall concur in such address;
and the
said judges shall each receive a salary of two thousand dollars a year, and the same shall not be
increased or diminished during the time of their continuance in office; and no judge of any court
in this
State shall receive any perquisite, fee, commission, or reward, in addition thereto, for the
performance
of any judicial duty.

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*** SSTART 010.0 004.0 0 MD 1851 ***

SEC. 10. There shall be established for the city of Baltimore one court of law, to be styled " the
court
of common pleas," which shall have civil jurisdiction in all suits where the debt or damage
claimed shall
be over one hundred dollars, and shall not exceed five hundred dollars; and shall also have
jurisdiction
in all cases of appeal from the judgment of justices of the peace in the said city, and shall have
jurisdiction in all applications for the benefit of the insolvent laws of this State, and the
supervision and
control of the trustees thereof.

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*** SSTART 011.0 004.0 0 MD 1851 ***

SEC. 11. There shall also be established for the city of Baltimore another court of law, to be
styled the
superior court of Baltimore City, which shall have jurisdiction over all suits where the debt or
damage
claimed shall exceed the sum of five hundred dollars; and in case any plaintiff or plaintiffs shall
recover
less than the sum or value of five hundred dollars, he or they shall be allowed or adjudged to pay
costs
in the discretion of the court. The said court shall also have jurisdiction as a court of equity
within the
limits of the said city, and in all other civil cases which have not been heretofore assigned to the
court of
common pleas.

*** SEND ***
*** SSTART 012.0 004.0 0 MD 1851 ***

SEC. 12. Each of the said two courts shall consist of one judge, who shall be elected by the legal
and
qualified voters of the said city, and shall hold his office for the term of ten years, subject to the
provisions of this constitution with regard to the election and qualification of judges and their
removal
from office, and the salary of each of the said judges shall be twenty-five hundred dollars a year;
and
the legislature shall, whenever it may think the same proper and expedient, provide, by law,
another
court for the city of Baltimore to consist of one judge, to be elected by the qualified voters of the
said
city, who shall be subject to the same constitutional provisions, hold his office for the same term
of
years, and receive the same compensation as the judge of the court of common pleas of the said
city,
and the said court shall have such jurisdiction and powers as may be prescribed by law.

*** SEND ***
*** SSTART 013.0 004.0 0 MD 1851 ***

SEC. 13. There shall also be a criminal court for the city of Baltimore, to be styled " the criminal
court
of Baltimore " which shall consist of one judge, who shall also be elected by the legal and
qualified
voters of the said city, and who shall have and exercise all the jurisdiction now exercised by
Baltimore
City court, and the said judge shall receive a salary of two thousand dollars a year, and shall be
subject
to the provisions of this constitution with regard to the election and qualifications of judges, term
of
office, and removal therefrom.

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*** SSTART 014.0 004.0 0 MD 1851 ***

SEC. 14. There shall be in each county a clerk of the circuit court, who shall be elected by the
qualified
voters of each county, and the person receiving the greatest number of votes shall be declared
and
returned duly elected clerk of said circuit court for the said county, and shall hold his office for
the term
of six years from the time of his election, and until a new election is held; shall be reeligible
thereto, and
Subject to removal for wilful neglect of duty, or other misdemeanor in office, on conviction in a
court of
law. There shall also be a clerk of the court of common pleas in Baltimore City, and a clerk of
the
superior court of Baltimore City, and there shall also be a clerk of the criminal court of Baltimore
City,
and each of said clerks shall be elected as aforesaid by the qualified voters of the city of
Baltimore, and
shall hold his office for six years from the time of his election, and until a new election is held,
and be
reeligible thereto, subject, in like manner, to be removed for wilful neglect of duty or other
misdemeanor
in office, on conviction in a court of law. In case of a vacancy in the office of a clerk, the judge
or
judges of the court of which he was clerk shall have the power to appoint a clerk until the general
election of delegates held next thereafter, when a clerk shall be elected to fill such vacancy.

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*** SSTART 015.0 004.0 0 MD 1851 ***

SEC. 15. The clerk of the court of common pleas for Baltimore City shall have authority to issue
within
the said city all marriage and other licenses required by law, subject to such provisions as the
legislature
shall hereafter prescribe; and the clerk of the superior court for said city shall have the custody of
all
deeds, conveyances, and other papers now remaining in the office of the clerk of  Baltimore
County
court, and shall hereafter receive and record all deeds, conveyances, and other papers which are
required by law to be recorded in said city. He shall also have the custody of all other papers
connected with the proceedings on the law or equity side of Baltimore County court, and of the
dockets
thereof, so far as the same have relation to Baltimore City.

*** SEND ***
*** SSTART 016.0 004.0 0 MD 1851 ***

SEC. 16. That the clerk of the court of appeals, and the clerks of the circuit courts in the several
counties, shall respectively perform all the duties and be entitled to the fees which appertain to
the
offices of the clerks of court of appeals for the eastern and western shores and of the clerks of
county
courts, and the clerks of the court of common pleas, the superior court, and the criminal court for
Baltimore City shall perform all the duties appertaining to their respective offices, and heretofore
vested
in the clerks of Baltimore County court and Baltimore City court respectively, and be entitled to
all the
fees now allowed by law; and all laws relating to the clerks of court of appeal, clerks or the
several
county courts, and Baltimore City court shall be applicable to the clerks respectively of the clerk
of
court of appeals, the circuit courts, the court of common pleas, the superior court, and the
criminal
court of Baltimore City, until otherwise provided by law; and the said clerks, when duly elected
and
qualified according to law, shall have the charge and custody of the records and other papers
belonging
to their respective offices.

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*** SSTART 017.0 004.0 0 MD 1851 ***

SEC. 17. The qualified voters of the city of Baltimore, and of the several counties of the State,
shall, on
the first Wednesday of November, eighteen hundred and fifty-one, and on the same day of the
same
month in every fourth year forever thereafter, elect three men to be judges of the orphans' court
of said
city and counties respectively, who shall be citizens of the State of Maryland and citizens of the
city or
county for which they may be severally elected at the time of their election. They shall have all
the
powers now vested in the orphans' court of this State, subject to such changes therein as the
legislature
may prescribe, and each of said judges shall be paid at a per diem rate for the time they are in
session,
to be fixed by the legislature and paid by the said counties and city respectively.

*** SEND ***
*** SSTART 018.0 004.0 0 MD 1851 ***

SEC. 18. There shall be a register of wills in each county of the State and in the city of Baltimore
to be
elected by the legal and qualified voters of said counties and city respectively, who shall hold his
office
for six years from the time of his election, and until a new election shall take place, and be
reeligible
thereto, subject to be removed for wilful neglect of duty or misdemeanor in office, in the same
manner
that the clerks of the county courts are removable. In the event of any vacancy in the office of
register
of wills, said vacancy shall be filled by the judges of the orphans' court until the general election
next
thereafter for delegates to the general assembly, when a register shall be elected to fill such
vacancy.

*** SEND ***
*** SSTART 019.0 004.0 0 MD 1851 ***

SEC. 19. The legislature at its first session after the adoption of this constitution shall fix the
number of
justices of the peace and constables for each ward of the city of Baltimore, and for each election
district
in the several counties, who shall be elected by the legal and qualified voters thereof respectively,
at the
next general election for delegates thereafter, and shall hold their offices for two years from the
time of
their election, and until their successors in office are elected and qualified; and the legislature
may, from
time to time, increase or diminish the number of justices of the peace and constables to be elected
in the
several wards and election districts as the wants and interests of the people may require. They
shall be,
by virtue of their offices, conservators of the peace in the said counties and city respectively, and
shall
have such duties and compensation as now exist or may be provided for by law. In the event of a
vacancy in the office of a justice of the peace, the governor shall appoint a person to serve as
justice of
the peace, until the next regular election of said officers, and in case of a vacancy in the office of
constable, the county commissioners of the county in which a vacancy may occur, or the mayor
and city
council of Baltimore, as the case may be, shall appoint a person to serve as constable until the
next
regular election thereafter for said officers. An appeal shall lie in all civil cases from the
judgment of a
justice of the peace to the circuit court, or to the court of common pleas of Baltimore City, as the
case
may be, and on all such appeals, either party shall be entitled to a trial by jury, according to the
laws
now existing, or which maybe hereafter enacted. And the mayor and city council may provide,
by
ordinance, from time to time, for the creation and government of such temporary additional
policy as
they may deem necessary to preserve the public peace.

*** SEND ***
*** SSTART 020.0 004.0 0 MD 1851 ***

SEC. 20. There shall be elected in each county and in the city of Baltimore, every second year,
two
persons for the office of sheriff for each county, and two for the said city, the one of whom
having the
highest number of votes of the qualified voters of said county or city 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 two years, such person shall be ineligible for the two years next
succeeding;
bond with security, to be taken every year, and no sheriff shall be qualified to act before the same
be
given. In case of death, refusal, disqualification, or removal out of the county, before the
expiration of
the said two years, the other person chosen as aforesaid shall be commissioned by the governor
to
execute the said office for the residue of the said two years, and said person giving bond with
security
as aforesaid. No person shall be eligible to the office of sheriff but a resident of such county or
city
respectively, who shall have been a citizen of this State at least five years preceding his election,
and
above the age of twenty-one years. The two candidates, properly qualified, having the highest
number
of legal ballots, shall be declared duly elected for the office of sheriff for such county or city, and
returned to the governor, with a certificate of the number of ballots for each of them.

*** SEND ***
*** SSTART 021.0 004.0 0 MD 1851 ***

SEC. 21. Coroners, elisors, and notaries public shall be appointed for each county and the city of
Baltimore, in the manner now prescribed by law, or in such other manner as the general assembly
may
hereafter direct.

*** SEND ***
*** SSTART 022.0 004.0 0 MD 1851 ***

SEC. 22. No judge shall sit in any case wherein he may be interested, or where either of the
parties
may be connected with him by affinity or consanguinity, within such degrees as may be
prescribed by
law, or where he shall have been of council in the case; and whenever any of the judges of the
circuit
courts, or of the courts for Baltimore City, shall be thus disqualified, or whenever, by reason of
sickness, or any other cause, the said judges, or any of them, may be unable to sit in any cause,
the
parties may, by consent, appoint a proper person to try the said cause, or the judges, or any of
them,
shall do so when directed by law.

*** SEND ***
*** SSTART 023.0 004.0 0 MD 1851 ***

SEC. 23. The present chancellor and the register in chancery, and, in the event of any vacancy in
their
respective offices, their successors in office respectively, who are to be appointed as at present,
by the
governor and senate, shall continue in office, with the powers and compensation as at present
established, until the expiration of two years after the adoption of this constitution by the people,
and
until the end of the session of the legislature next thereafter, after which the said offices of
chancellor
and register shall be abolished. The legislature shall, in the mean time, provide by law for the
recording,
safekeeping, or other disposition of the records, decrees, and other proceedings of the court of
chancery, and for the copying and attestation thereof, and for the custody and use of the great
seal of
the State, when required, after the expiration of the said two years, and for transmitting to the
said
counties, and to the city of Baltimore, all the cases and proceedings in said court then undisposed
of
and unfinished, in such manner and under such regulations as may be deemed necessary and
proper:
Provided, That no new business shall originate in the said court, nor shall any cause be removed
to the
same from any other court, from and after the ratification of this constitution.

*** SEND ***
*** SSTART 024.0 004.0 0 MD 1851 ***

SEC. 24. The first election of judges, clerks, registers of wills, and all other officers, whose
election by
the people is provided for in this article of the constitution, except justices of the peace and
constables,
shall take place throughout the State on the first Wednesday of November next after the
ratification of
this constitution by the people.

*** SEND ***
*** SSTART 025.0 004.0 0 MD 1851 ***

SEC. 25. In case of the death, resignation, removal, or other disqualification of a judge of any of
the
courts of law, the governor, by and with the advice and consent of the senate, shall thereupon
appoint a
person, duly qualified, to fill said office until the next general election for delegates thereafter; at
which
time an election shall be held, as hereinbefore prescribed, for a judge, who shall hold the said
office for
ten years, according to the provisions of this constitution.

*** SEND ***
*** SSTART 026.0 004.0 0 MD 1851 ***

SEC. 26. In case of the death, resignation, removal, or other disqualification of the judge of an
orphans'
court, the vacancy shall be filled by the appointment of the governor, by and with the advice and
consent of the senate.

*** SEND ***
*** SSTART 027.0 004.0 0 MD 1851 ***

SEC. 27. Whenever lands lie partly in one county and partly in another, or partly in a county and
partly
in the city of Baltimore, or whenever persons proper to be made defendants to proceedings in
chancery
reside some in one county and some in another, that court shall have jurisdiction in which
proceedings
shall have been first commenced, subject to such rules, regulations, and alterations as may be
prescribed by law.

*** SEND ***
*** SSTART 028.0 004.0 0 MD 1851 ***

SEC. 28. In all suits or actions at law, issues from the orphans' court, or from any court sitting in
equity,
in petitions for freedom, and in all presentments and indictments now pending, or which may be
pending
at the time of the adoption of this constitution by the people, or which may be hereafter instituted
in any
of the courts of law of this State, having jurisdiction thereof, the judge or judges thereof, upon
suggestion in writing, if made by the State's attorney, of the prosecutor for the State, or upon
suggestion
in writing, supported by affidavit, made by any of the parties thereto, or other proper evidence,
that a
fair and impartial trial cannot be had in the court where such suit or action at law, issues or
petitions, or
presentment and indictment is depending, shall order and direct the record of proceedings in such
suit
or action, issues or petitions, presentment or indictment, to be transmitted to the court of any
adjoining
county: Provided, That the removal in all civil causes be confined to an adjoining county within
the
judicial circuit, except as to the city of Baltimore, where the removal may be to an adjoining
county for
trial, which court shall hear and determine the same in like manner as if such suit or action,
issues or
petitions, presentment or indictment, had been originally instituted therein: And provided also,
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, issues or petition, presentment or indictment and that such further
remedy in
the premises may be provided by law as the legislature shall from time to time direct and enact.

*** SEND ***
*** SSTART 029.0 004.0 0 MD 1851 ***

SEC. 29. All elections of judges, and other officers provided for by this constitution, shall be
certified,
and the returns made by the clerks of the respective counties to the governor, who shall issue
commissions to the different persons for the offices to which they shall have been respectively
elected;
and in all such elections the person having the greatest number of votes shall be declared to be
elected.

*** SEND ***
*** SSTART 030.0 004.0 0 MD 1851 ***

SEC. 30. If in any case of election for judges, clerks of the courts of law, and registers of wills
the
opposing candidates shall have an equal number of votes, it shall be the duty of the governor to
order a
new election; and in case of any contested election, the governor shall send the returns to the
house of
delegates, who shall judge of the election and qualification of the candidates at such election.

*** SEND ***
*** SSTART 031.0 004.0 0 MD 1851 ***

SEC. 31. Every person of good moral character, being a voter, shall be admitted to practise law
in all
the courts of law in this State in his own case.

*** SEND ***
*** AEND ***
*** ASTART 005.0 MD 1851 ***

ARTICLE V

THE STATE'S ATTORNEYS

*** SSTART 001.0 005.0 0 MD 1851 ***

SECTION 1. There shall be an attorney for the State in each county and the city of Baltimore, to
be
styled " the State's attorney," who shall be elected by the voters thereof, respectively, on the first
Wednesday of November next, and on the same day every fourth year thereafter, and hold his
office
for four years from the first Monday of January next ensuing his election, and until his successor
shall be
elected and qualified, and shall be reeligible thereto, and be subject to removal therefrom for
incompetency, wilful neglect of duty, or misdemeanor in office, on conviction in a court of law.

*** SEND ***
*** SSTART 002.0 005.0 0 MD 1851 ***

SEC. 2. All elections for the State's attorney shall be certified to, and returns made thereof, by the
clerks of the said counties and city to the judges thereof having criminal jurisdiction,
respectively, whose
duty it shall be to decide upon the elections and qualifications of the persons returned, and in
case of a
tie between two or more persons to designate which of said persons shall qualify as State's
attorney,
and to administer the oaths of office to the persons elected.

*** SEND ***
*** SSTART 003.0 005.0 0 MD 1851 ***

SEC. 3. The State's attorney shall perform such duties and receive such fees and commissions  as
are
now prescribed by law for the attorney-general and his deputies, and such other duties, fees, and
commissions as may hereafter be prescribed by law, and if any State's attorney shall receive any
other
fee or reward than such as is, or may be allowed by law, he shall, on conviction thereof, be
removed
from office.

*** SEND ***
*** SSTART 004.0 005.0 0 MD 1851 ***

SEC. 4. No person shall be eligible to the office of State's attorney who has not been admitted to
practise the law in this State, and who has not resided for at least one year in the county or city in
which
he may be elected.

*** SEND ***
*** SSTART 005.0 005.0 0 MD 1851 ***

SEC. 5. In case of vacancy in the office of State's attorney, or of his removal from the county or
city in
which he  shall have been elected, or on his conviction as hereinbefore specified, the said
vacancy shall
be filled by the judge of the county or city, respectively, having criminal jurisdiction, in which
said
vacancy shall occur, until the election and qualification of his successor, at which election said
vacancy
shall be filled by the voters of the said county or city for the residue of the term thus made
vacant.

*** SEND ***
*** SSTART 006.0 005.0 0 MD 1851 ***

SEC. 6. It shall be the duty of the clerk of the court of appeals and the commissioner of the
land-office,
respectively, whenever a case shall be brought into said court or office in which the State is a
party, or
has an interest, immediately to notify the governor thereof.

*** SEND ***
*** AEND ***
*** ASTART 006.0 MD 1851 ***

ARTICLE VI

TREASURY DEPARTMENT

*** SSTART 001.0 006.0 0 MD 1851 ***

SECTION 1. There shall be a treasury department, consisting of a comptroller, chosen by the
qualified
electors of the State at each election of members of the house of delegates, who shall receive an
annual
salary of two thousand five hundred dollars; and of a treasurer, to be appointed by the two houses
of
the legislature, at each session thereof, on joint ballot, who shall also receive an annual salary of
two
thousand five hundred dollars; and neither of the said officers, shall be allowed or receive any
fees,
commissions, or perquisites of any kind, in addition to his salary, for the performance of any
duty or
service whatever. In case of a vacancy in either of the offices, by death or otherwise, the
governor, by
and with the advice and consent of the senate, shall fill such vacancy by appointment, to continue
until
another election by the people or a choice by the legislature, as the case may be, and the
qualification of
the successor. The comptroller and the treasurer shall keep their offices at the seat of
government, and
shall take such oath and enter into such bonds for the faithful discharge of their duties as the
legislature
shall prescribe.

*** SEND ***
*** SSTART 002.0 006.0 0 MD 1851 ***

SEC. 2. The comptroller shall have the general superintendence of the fiscal affairs of the State;
he shall
digest and prepare plans for the improvement and management of the revenue and for the support
of
the public credit; prepare and report estimates of the revenue and expenditure of the State;
superintend
and enforce the collection of all taxes and revenue; adjust, settle, and preserve all public
accounts;
decide on the forms of keeping and stating accounts; grant, under regulations prescribed by law,
all
warrants for moneys to be paid out of the treasury, in pursuance of appropriations by law;
prescribe the
formalities of the transfer of stock or other evidences of the State debt; and countersign the same,
without which such evidences shall not be valid; he shall make full reports of all his proceedings,
and of
the state of the treasury department, within ten days after the commencement of each session of
the
legislature, and perform such other duties as shall be prescribed by law.

*** SEND ***
*** SSTART 003.0 006.0 0 MD 1851 ***

SEC. 3. The treasurer shall receive and keep the moneys of the State, and disburse the same upon
warrants drawn  by the comptroller, and not otherwise; he shall take receipts for all moneys paid
by
him, and all receipts for moneys received by him shall be indorsed upon warrants signed by the
comptroller, without which warrant, so signed no acknowledgment of money received into the
treasury
shall be valid; and upon warrants issued b y the comptroller he shall make arrangements for the
payment of the interest of the public debt, and for the purchase thereof, on account of the
sinking-fund.
Every bond, certificate, or other evidence of the debt of the State, shall be signed by the treasurer
and
countersigned by the comptroller, and no new certificate or other evidence intended to replace
another
shall be issued until the old one shall be delivered to the treasurer, and authority executed in due
form
for the transfer of the same shall be filed in his office, and the transfer accordingly made on the
books
thereof, and the certificate or other evidence cancelled; but the legislature may make provision
for the
loss of certificates or other evidence of the debt.

*** SEND ***
*** SSTART 004.0 006.0 0 MD 1851 ***

SEC. 4. The treasurer shall render his accounts quarterly to the comptroller; and on the third day
of
each session of the legislature he shall submit to the senate and house of delegates fair and
accurate
copies of all accounts by him from time to time rendered and settled with the comptroller. He
shall at all
times submit to the comptroller the inspection of the moneys in his hands, and perform all other
duties
that shall be prescribed by law.

*** SEND ***
*** AEND ***
*** ASTART 007.0 MD 1851 ***

ARTICLE VII

SUNDRY OFFICERS

*** SSTART 001.0 007.0 0 MD 1851 ***

SECTION 1. At the first general election of delegates to the general assembly, after the adoption
of this
constitution, four commissioners shall be elected as hereinafter provided, who shall be styled
"comsioners of public works," and who shall exercise a diligent and faithful supervision of all
public
works, in which the State may be interested as stockholder or creditor, and shall represent the
State in
all meetings of the stockholders, and shall appoint the directors in every railroad or canal
company in
which the State has the constitutional power to appoint directors. It shall also be the duty of the
commissioners of public works to review, from time to time, the rate of tolls adopted by any
company;
use all legal powers which they may possess to obtain the establishment of rates of toll, which
may
prevent an injurious competition with each other, to the detriment of the interests of the State;
and so to
adjust them as to promote the agriculture of the State. It shall also be the duty of the said
commissioners
of public works to keep a journal of their proceedings; and at each regular session of the
legislature to
make to it a report, and to recommend such legislation as they shall deem necessary and requisite
to
promote or protect the interest of the State in the public works; and perform such other duties as
may
be prescribed by law. They shall each receive such salary as may be allowed by law, which shall
not be
increased or diminished during their continuance in office.

*** SEND ***
*** SSTART 002.0 007.0 0 MD 1851 ***

SEC. 2. For the election of the commissioners of public works, the State shall be divided into
four
districts. The counties of Alleghany, Washington, Frederick, Carroll, Baltimore, and Harford
shall
constitute the first district; the counties of Montgomery, Howard, Anne Arundel, Calvert, Saint
Mary's,
Charles, and Prince George's shall constitute the second district; Baltimore City shall constitute
the third
district; the counties of Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and
Worcester shall constitute the fourth district. One commissioner shall be elected in each district,
who
shall have been a resident thereof at least five years next preceding his election.

*** SEND ***
*** SSTART 003.0 007.0 0 MD 1851 ***

SEC. 3. The said commissioners shall be elected by the qualified voters of their districts
respectively;
the returns of their election shall be certified to the governor, who shall, by proclamation, declare
the
result of the election. Two of the said commissioners first elected shall hold their office for four
years,
and the other two for two years from the first Monday of December next succeeding their
election. And
at the first meeting after their election, or as soon thereafter as practicable, they shall determine
by lot
who of their number shall hold their offices for four and two years respectively; and thereafter
there
shall be elected as aforesaid , at each general election of delegates, two commissioners for the
term of
four years, to be taken from the districts respectively wherein the commissioners resided at the
time of
their election, whose term of service has expired. And in case of a vacancy in the office of either
of said
commissioners, by death, resignation, or otherwise, the governor, by and with the advice and
consent
of the senate, shall appoint some qualified person from the same district, to serve until the next
general
election of delegates, when an election shall be held as aforesaid, for a commissioner for the
residue of
said term. And in case of an equal division in the board of commissioners, on any subject
committed to
their charge, the treasurer of the State shall have power, and shall be called on to decide the
same. And
in the event of a tie vote for any two of the candidates for the office of commissioner. in the same
district, it shall be the duty of the governor to commission one or the other of the candidates
having the
equal number of votes. And if the governor doubt the legality or result of any election held for
said
commissioners, it shall be his duty to send the returns of such election to the house of delegates,
who
shall judge of the election and qualification of the candidates at such election.

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SEC. 4. During the continuance of the lottery system in this State, there shall be elected by the
legal and
qualified voters of the State, at every general election for delegates to the general assembly, one
commissioner of lotteries, who shall hold his office for two years, and till the qualification of his
successor, and shall be reeligible. His whole compensation shall be paid out of the fund raised for
the
Maryland consolidated lottery-grants, and shall not exceed the amount of commissions receivid
by one
of the present lottery commissioners, out of said fund; and he shall give such bond, for the
faithful
performance of his duties, as is now given by the lottery commissioners. The term of the
commissioner,
who shall be elected at the general election for delegates next succeeding the adoption of this
constitution, shall commence at the expiration-of the commissions of the present lottery
commissioners,
and continue for two years, and till the qualification of his successor.

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SEC. 5. From and after the first day of April, eighteen hundred and fifty-nine, no lottery scheme
shall
be drawn, for any purpose whatever, nor shall any lottery-ticket be sold in this State; and it shall
be the
duty of the several commissioners elected under this constitution to make such contract or
contracts as
will extinguish all existing lottery-grants before the said first day of April, eighteen hundred and
fifty-
nine, and also secure to the State a clear yearly revenue equal to the average amount derived by
the
State from the system for the last five years; but no such contract or contracts shall be valid until
approved by the treasurer and comptroller.

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SEC. 6. There shall be a commissioner of the land-office elected by the qualified voters of the
State, at
the first general election of delegates to the assembly after the ratification of this constitution,
who shall
hold his office for the term of six years from the first day of January next after his election. The
returns
of said election shall be made to the governor, and in the event of a tie between any two or more
candidates, the governor shall direct a new election to be held by writs to the several sheriffs,
who shall
hold said election after at least twenty days' notice, exclusive of the day of election. The said
commissioner shall sit as judge of the land-office, and receive therefor the sum of two hundred
dollars
per annum, to be paid out of the State treasury. He shall also perform the duties of the register of
the
land-office, and be entitled to receive therefor the fees now chargeable in said office; and he shall
also
perform the duties of examiner-general, and be entitled to receive therefor the fees now
chargeable by
said officer. The office of register of the land-office and examiner-general shall be abolished
from and
after the election and qualification of the commissioner of the land-office.

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SEC. 7. The State librarian shall be elected by the joint vote of the two branches of the
legislature, for
two years, and until his successor shall be elected and qualified. His salary shall be one thousand
dollars
per annum. He shall perform such duties as are now or may hereafter be prescribed by law.

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SEC. 8. The county authorities now known as levy courts or county commissioners, shall
hereafter be
styled " count commissioners," and shall be elected by general ticket, and not by districts, by the
voters
of the several counties, on the first Wednesday in November, one thousand eight hundred and
fifty-one,
and on the same day in every second year thereafter. Said commissioners shall exercise such
powers
and duties only as the legislature may from time to time  prescribe; but such powers and duties
and the
tenure of office shall be uniform throughout the State, and the legislature shall, at or before its
second
regular session, after the adoption of this constitution, pass such laws as may be necessary for
determining the number for each county, and ascertaining and defining the powers, duties and
tenure of
office of said commissioners; and until the passage of such laws the commissioners elected under
this
constitution shall have and exercise all the powers and duties in their respective counties, now
exercised
by the county authorities under the laws of the State.

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SEC. 9. The general assembly shall provide by law for the election of road supervisors, in the
several
counties, by the voters of the election-districts respectively, and may provide by law for the
election or
appointment of such other  county officers as may be required and are not herein provided for,
and
prescribe their powers and duties; but the tenure of office, their powers and duties, and mode of
appointment, shall be uniform throughout the State.

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SEC. 10. The qualified voters of each county, and the city of Baltimore, shall, at the first election
of
delegates after the adoption of this constitution, and every two years thereafter, elect a surveyor
for the
counties, and the city of Baltimore, respectively, whose duties and compensation shall be the
same as
are now prescribed by law for the county and city surveyors, respectively, or as may hereafter be
prescribed by law. The term of office of said county and city surveyors, respectively, shall
commence
on the first Monday of January next succeeding their election. And vacancies in said office of
surveyors,
by death, resignation, or removal from their respective counties or city, shall be filled by the
commissioners of the counties, or mayor and city council of Baltimore, respectively.

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SEC. 11. The qualified voters of Worcester County shall, at the first election of delegates after
the
adoption of this constitution, and every two years thereafter, elect a wreck-master for the said
county,
whose duties and compensation shall be the same as are now prescribed or may be hereafter
prescribed by law. The term of office of said wreck-master shall commence on the first Monday
of
January next succeeding his election; and a vacancy in said office, by death, resignation, or
removal
from the county, shall be filled by the county commissioners of said county, for the residue of the
term
thus made vacant.

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ARTICLE VIII 

NEW COUNTIES

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SECTION 1. That part of Anne Arundel County called Howard district is hereby erected into a
new
county, to be called Howard County, the inhabitants whereof shall have, hold, and enjoy all such
rights
and privileges as are held and enjoyed by the inhabitants of the other counties in this State; and
its civil
and municipal officers, at the time of the ratification of this constitution, shall continue in office
until their
successors shall have been elected or appointed, and shall have qualified as such; and all rights,
powers, and obligations incident to Howard district of Anne Arundel County shall attach to
Howard
County.

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SEC. 2. When that part of Alleghany County lying south and west of a line beginning at the
summit of
Big Back Bone or Savage Mountain, where that mountain is crossed by Mason and Dixon's line,
and
running thence by a straight line to the middle of Savage River where it empties into the Potomac
River,
thence by a straight line to the nearest point or boundary of the State of Virginia, then with said
boundary to the Fairfax stone, shall contain a population of ten thousand, and the majority of
electors
thereof shall desire to separate and form a new county, and make known their desire by petition
to the
legislature, the legislature shall direct, at the next succeeding election, that the judges shall open
a book
at each election-district in said part of Alleghany County, and have recorded therein the vote of
each
elector " for or against" a new county. In case the majority are in favor, then said part of
Alleghany
County to be declared an independent county, and the inhabitants whereof shall have and enjoy
all such
rights and privileges as are held and enjoyed by the inhabitants of the other counties in this State:
Provided, That the whole representation in the returns of every census of the United States,
hereafter
taken, to pass a law for the general assembly of the county, when divided, shall not exceed the
present
delegation of Alleghany County, allowed under this constitution, until after the next census.

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ARTICLE IX

MILITIA

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SECTION 1. It shall be the duty of the legislature to pass laws for the enrolment of the militia; to
provide for districting the State into divisions, brigades, battalions, regiments, and companies,
and to
pass laws for the effectual encouragement of volunteer corps by some mode which may induce
the
formation and continuance of at least one volunteer company in every county and division in the
city of
Baltimore. The company, battalion, and regimental officers (staff-officers excepted) shall be
elected by
the persons composing their several companies, battalions, and regiments.

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SEC. 2. The adjutant-general shall be appointed by the governor, by and with the advice and
consent
of the senate. He shall hold his office for the term of six years, and receive the same salary as
heretofore, until changed by the legislature.

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ARTICLE X

MISCELLANEOUS

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SECTION 1. Every officer of this State, the governor excepted, the entire amount of whose pay
or
compensation received for the discharge of his official duties shall exceed the yearly sum of three
thousand dollars, shall keep a book, in which shall be entered every sum or sums of money
received by
him or on his account as a payment or compensation for his performance of official duties, a
copy of 
which entries in said book, verified by the oath of the officer by whom it is directed to be kept,
shall be
returned yearly to the treasurer of the State for his inspection and that of the general assembly of
Maryland; and each of such officers, when the amount received by him for the year shall exceed
the
sum of three thousand dollars, shall yearly pay over to the treasurer the amount of such excess by
him
received, subject to such disposition thereof as the legislature may deem just and equitable. And
any
such officer failing to comply with the said requisition shall be deemed to have vacated his
office, and be
subject to suit by the State for the amount that ought to have been paid into the treasury.

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SEC. 2. The legislature shall have power to pass all such laws as may be necessary and proper
for
carrying into execution the powers vested by this constitution in any department or office of the
government, and the duties imposed upon them thereby.

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SEC. 3. If in any election directed by this constitution any two or more candidates shall have the
highest
and an equal number of votes, a new election shall be ordered, unless in cases specially provided
for by
the constitution.

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SEC. 4. The trial by jury of all issues of fact in civil proceedings, in the several courts of law in
this
State, where the amount in controversy exceeds the sum of five dollars, shall be inviolably
preserved.

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SEC. 5. In the trial of all criminal cases the jury shall be the judges of law as well as fact.

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SEC. 6. The legislature shall have power to regulate by law all matters which relate to the judges,
time,
place, and manner of holding elections in this State, and of making returns thereof: Provided,
That the
tenure and term of office, and the day of election, shall not be affected thereby.

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SEC. 7. All rights vested, and all liabilities incurred, shall remain as if this constitution had not
been
adopted.

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SEC. 8. The governor and all officers, civil and military, now holding commissions under this
State, shall
continue to hold and exercise their offices, according to their present tenure, until they shall be
superseded, pursuant to the provisions of this constitution, and until their successors be duly
qualified.

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SEC. 9. The sheriffs of the several counties of this State, and of the city of Baltimore, shall give
notice
of the several elections authorized by this constitution, in the manner prescribed by existing laws
for
elections under the present constitution.

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SEC. 10. This constitution, if adopted by a majority of the legal votes cast on the first
Wednesday of
June next, shall go into operation on the fourth day of July next, and on and after said day shall
supersede the present constitution of this State.

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*** SSTART 001.0 011.0 0 MD 1851 ***

ARTICLE XI

AMENDMENT OF THE CONSTITUTION

It shall be the duty of the legislature, at its first session immediately succeeding ascertaining, at
the next
general election of delegates, the sense of the people of Maryland in regard to the calling a
convention
for altering the constitution; and in case the majority of votes cast at said election shall be in
favor of
calling a convention, the legislature shall provide for assembling such convention, and electing
delegates
thereto at the earliest convenient day; and the delegates to the said convention shall be elected by
the
several counties of the State and the city of Baltimore, in proportion to their representation
respectively
in the senate and house of delegates at the time when said convention may be called.

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*** ASTART 9016.0 MD 1851 ***
                         
Done in convention, the 13th day of May, in the year of our Lord one thousand eight hundred
and fifty-
one, and of the Independence of the United States the seventy-fifth.
                         J. G. CHAPMAN, President.
GEORGE G. BREWER, Secretary.

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*** CEND ***