USA > Maryland > Leading Events of Maryland History: With Topical Analyses, References, and questions for original thought and research, revised and enlarge > Part 21
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[Sec. 48. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes and except in cases where no general Laws exist, providing for the creation of corporations of the same general character as the corporation proposed to be created, and any act of incorporation passed in violation of this section shall be void; all charters granted or adopted in pursuance of this section, and all charters heretofore granted and created subject to repeal or modification, may be altered from time to time, or be repealed ; provided, nothing herein contained shall be con- strued to extend to banks or the incorporation thereof; the General Assembly shall not alter or amend the charter of any corporation existing at the time of the adoption of this Article, or pass any other general or special Law for the benefit of such corporation except upon the condition that such corporation
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shall surrender all claim to exemption from taxation or from the repeal or modification of its charter, and that such corporation shall thereafter hold its charter subject to the provisions of this Constitution ; and any corporation chartered by this State which shall accept, use, enjoy or in any wise avail itself of any rights, privileges, or advantages that may hereafter be granted or conferred by any general or special Act, shall be conclusively presumed to have thereby surrendered any exemption from taxation to which it may be entitled under its charter, and shall be thereafter subject to taxation as if no such exemption has been granted by its charter.] 1
Elections
Sec. 49. The General Assembly shall have power to regulate by law, not inconsistent with this Constitution, all matters which relate to the Judges of Election, time, place and manner of holding elections in this State, and of making returns thereof.
Bribery- Punishment - Evidence - Disqualification
Sec. 50. It shall be the duty of the General Assembly at its first session, held after the adoption of this Constitution, to provide by Law for the punish- ment, by fine, or imprisonment in the Penitentiary or both, in the discretion of the Court, of any person who shall bribe or attempt to bribe any Executive, or Judicial officer of the State of Maryland, or any member, or officer of the General Assembly of the State of Maryland, or of any Municipal Corporation in the State of Maryland, or any Executive officer of such corporation, in order to influence him in the performance of any of his official duties ; and also, to provide by Law for the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any of said officers, or members, who shall demand or receive any bribe, fee, reward or testimonial for the performance of his official duties, or for neglecting or failing to perform the same, and also, to provide by Law for compelling any person so bribing, or attempting to bribe, or so demanding or receiving a bribe, fee, reward or testimonial, to testify against any person or persons who may have committed any of said offenses ; provided, that any person so compelled to testify shall be exempted from trial and punishment for the offense of which he may have been guilty; and any person convicted of such offense shall, as part of the punishment thereof, be forever disfranchised and disqualified from holding any office of trust or profit in this State.
1 As amended by Charter 195, Acts of 1890, ratified by the people November 3, 1891.
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Taxation of personal property
Sec. 51. The personal property of residents of this State shall be subject to taxation in the county or city where the resident bona fide resides for the greater part of the year, for which the tax may or shall be levied, and not else- where, except goods and chattels permanently located, which shall be taxed in the city or county where they are so located.
Taxation of personal property
[Sec. 51. The personal property of residents of this State shall be subject to taxation in the county or city where the resident bona fide resides for the greater part of the year for which the tax may or shall be levied, and not else- where, except goods and chattels permanently located, which shall be taxed in the city or county where they are so located, but the General Assembly may by law provide for the taxation or mortgages upon property in this State and the debts secured thereby in the county or city where such property is situated.] 1
Private claims
Sec. 52. The General Assembly shall appropriate no money out of the Treasury for payment of any private claim against the State exceeding three hundred dollars, unless said claim shall have been first presented to the Comp- troller of the Treasury, together with the proofs upon which the same is founded, and reported upon by him.
Witnesses
Sec. 53. No person shall be incompetent, as a witness, on account of race or color, unless hereafter so declared by Act of the General Assembly.
Counties forbidden to contract debts without authority
Sec. 54. No County of this State shall contract any debt, or obligation, in the construction of any Railroad, Canal, or other Work of Internal Improve- ment, nor give, or loan its credit to or in aid of any association, or corporation, unless authorized by an Act of the General Assembly, which shall be published for two months before the next election for members of the House of Dele- gates in the newspapers published in such County, and shall also be approved by a majority of all the members elected to each House of the General Assembly, at its next session after said election.
1 Thus amended by Chapter 426, Acts of 1890, ratified by the people November 3, 1891.
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Habeas Corpus
Sec. 55. The General Assembly shall pass no law suspending the privilege of the Writ of Habeas Corpus.
Powers of Assembly
Sec. 56. The General Assembly 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.
Interest
Sec. 57. The Legal rate of Interest shall be six per cent. per annum, unless otherwise provided by the General Assembly.
Foreign corporations
Sec. 58. The Legislature, at its first session after the ratification of this Constitution, shall provide by Law for State and municipal taxation upon the revenues accruing from business done in the State by all foreign corporations.
Pension system abolished
Sec. 59. The office of "State Pension Commissioner " is hereby abol- ished ; and the Legislature shall pass no law creating such office, or establish- ing any general pension system within this State.
ARTICLE IV JUDICIARY DEPARTMENT Part I. - General Provisions Courts -Justices of the Peace
Section 1. The Judicial power of this State shall be vested in a Court of Appeals, Circuit Courts, Orphans' Courts, such Courts for the City of Baltimore as are hereinafter provided for, and Justices of the Peace ; all said Courts shall be Courts of Record, and each shall have a seal to be used in the authentica- tion of all process issuing therefrom. The process and official character of Justices of the Peace shall be authenticated as hath heretofore been practiced in this State, or may hereafter be prescribed by Law.
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Qualifications of Judges
Sec. 2. The Judges of all of the said Courts shall be citizens of the State of Maryland, and qualified voters under this Constitution, and shall have resided therein not less than five years, and not less than six months next preceding their election or appointment in the judicial circuit, as the case. may be, for which they may be respectively elected or appointed. They shall be not less than thirty years of age at the time of their election or appointment, and shall be selected from those who have been admitted to practice Law in this State, and who are most distinguished for integrity, wisdom and sound legal knowledge.
Election of Judges - Term of office - Retirement
Sec. 3. The Judges of the said several Courts shall be elected in the Coun- ties by the qualified voters in their respective Judicial Circuits as hereinafter provided, at the general election to be held on the Tuesday after the first Monday in November next, and in the City of Baltimore, on the fourth Wednesday of October next. Each of the said Judges shall hold his office for the term of fifteen years from the time of his election, and until his suc- cessor is elected and qualified, or until he shall have attained the age of seventy years, whichever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after; but in case of any Judge who shall attain the age of seventy years whilst in office, such Judge may be continued in office by the General Assembly for such further time as they may think fit, not to exceed the term for which he was elected, by a resolution to be passed at the session next preceding his attaining said age. In case of the inability of any of said Judges to discharge his duties with efficiency, by reason of continued sickness, or of physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each House concurring, with the approval of the Governor, to retire said Judge from office.
Removal of Judges
Sec. 4. Any Judge shall be removed from office by the Governor, on con- viction in a Court of Law, of incompetency, of willful neglect of duty, misbe- havior in office or any other crime, or on impeachment, according to this Constitution, or the Laws of the State; or on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of making his defense.
Sec. 5. After the election for Judges, to be held as above mentioned, upon the expiration of the term, or in case of the death, resignation, removal, or
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other disqualification of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next general election for members of the General Assembly, when a successor shall be elected, whose tenure of office shall be the same, as hereinbefore provided; but if the vacancy shall occur in the City of Baltimore, the time of election shall be the fourth Wednesday in October following.
Election of Judges - Appointment by Governor
[Sec. 5. After the election for Judges, as hereinbefore provided, there shall be held in this State, in every fifteenth year thereafter, on the Tuesday after the first Monday in November of such year, an election for Judges as herein provided; and in case of death, resignation, removal or disqualification by reason of age or otherwise of any Judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next General Election for members of the General Assembly, when a successor shall be elected, whose term of office shall be the same as hereinbefore provided, and upon the expiration of the term of fifteen years for which any Judge may be elected to fill a vacancy, an election for his successor shall take place at the next General Election for members of the General Assembly to occur upon or after the expiration of his said term; and the Governor shall appoint a person duly qualified to hold said office from the expiration of such term of fifteen years until the election and qualification of his successor.] 1
Duties
Sec. 6. All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State ; and no fees, or perquisites, commission or reward of any kind, shall be allowed to any Judge in this State, besides his annual salary, for the discharge of any Judicial duty.
Disqualifications
Sec. 7. 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 consan- guinity within such degrees as now are or may hereafter be prescribed by Law, or where he shall have been of counsel in the case.
Sec. 8. The parties to any cause may submit the same to the court for determination, without the aid of a jury; and the Judge, or Judges of any Court of this State, except the Court of Appeals, shall order and direct the
1 Thus amended by Act of 1880, ch. 417, ratified by the people at November election, 1881.
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record of proceedings in any suit or action, issue or petition, presentment or indictment, pending in such court, to be transmitted to some other court, (and of a different circuit, if the party applying shall so elect,) having jurisdiction in such cases, whenever any party to such cause or the counsel of any party, shall make a suggestion, in writing, supported by the affidavit of such party or his counsel, or other proper evidence, that the party cannot have a fair or impartial trial in the court in which suit, or action, issue or petition, present- ment or indictment is pending, or when the Judges of said court shall be dis- qualified under the provisions of this Constitution to sit in any such suit, action, issue or petition, presentment or indictment; and the General Assem- bly shall make such modifications of existing Law as may be necessary to regulate and give force to this provision.
Trial without jury - Removal of cases
[Sec. 8. The parties to any cause may submit the same to the Court for determination without the aid of a Jury and in all suits or actions at law, issues from the Orphans' Court or from any Court sitting in Equity, and in all cases of presentments or indictments for offences which are or may be punishable by death pending in any of the Courts of Law of this State having jurisdiction thereof, upon suggestion in writing under oath of either of the parties to said proceedings, that such party cannot have a fair and impartial trial in the Court in which the same may be pending, the said Court shall order and direct the Record of Proceedings in such Suit or Action, Issue, Presentment or Indictment, to be transmitted to some other Court having jurisdiction in such case, for trial; but in all other cases of Presentment or- Indictment pending in any of the Courts of Law in this State having jurisdic- tion thereof, in addition to the suggestion in writing of either of the parties to such Presentment or Indictment that such party cannot have a fair and impartial trial in the Court in which the same may be pending, it shall be necessary for the party making such suggestion to make it satisfactorily appear to the Court that such suggestion is true, or that there is reasonable ground for the same ; and thereupon the said Court shall order and direct the Record of Proceedings in such Presentment or Indictment to be transmitted to some other Court having jurisdiction in such cases for trial ; and such right of removal shall exist upon suggestion in cases when all the Judges of said Court may be disqualified, under the provisions of this Constitution to sit in any case ; and said court to which the Record of Proceedings in such Suit or Action, Issue, Presentment or Indictment may be so transmitted, shall hear and determine the same in like manner as if such Suit or Action, Issue, Pre- sentment or Indictment has been originally instituted therein ; and the General
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Assembly shall make such modification of existing law as may be necessary to regulate and give force to this provision.] 1
Officers of Court; how appointed
Sec. 9. The Judge or Judges of any Court may appoint such officers for their respective Courts as may be found necessary; and such officers of the Courts in the City of Baltimore shall be appointed by the Judges of the Su- preme Bench of Baltimore City. It shall be the duty of the General Assembly to prescribe by law a fixed compensation for all such officers, and said Judge or Judges shall from time to time investigate the expenses, costs and charges of their respective Courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action.
Records - Fees -Visitorial power - Rules
Sec. 10. The Clerks of the several Courts created or continued by this Constitution shall have charge and custody of the records and other papers ; shall perform all the duties, and be allowed the fees which appertain to their several offices, as the same now are or may hereafter be regulated by law. And the office and business of said Clerks, in all their departments, shall be subject to the visitorial power of the Judges of their respective Courts, who shall exercise the same, from time to time, so as to insure the faithful perform- ance of the duties of said offices; and it shall be the duty of the Judges of said Courts, respectively, to make from time to time such rules and regula- tions as may be necessary and proper for the government of said Clerks, and for the performance of the duties of their offices, which shall have the force of law until repealed or modified by the General Assembly.
Election returns - Commissions
Sec. II. The election for Judges hereinbefore provided, and all elections for Clerks, Registers of Wills and other officers provided in this Constitution, except State's Attorneys, shall be certified, and the returns made by the Clerks of the Circuit Courts of the Counties, and the Clerk of the Superior Court of Baltimore City, respectively, to the Governor, who shall issue com- .. missions 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 elected.
1 Thus amended by Act of 1874, ch. 364, ratified by the people at November election, 1875.
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Tie elections
Sec. 12. If in any case of election for Judges, Clerks of the Courts of Law, and Register 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, which shall judge of the election and qualification of the candidates at such election, and if the judgment shall be against the one who has been returned elected, or the one who has been commissioned by the Gov .. ernor, the House of Delegates shall order a new election within thirty days.
Style of Commissions
Sec. 13. 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 heretofore, or as may hereafter be provided by law; and all indictments shall conclude, " against the peace, government and dignity of the State."
Part II. - Court of Appeals Chief Judge - Jurisdiction - Sessions
Sec. 14. The Court of Appeals shall be composed of the Chief Judges of the first seven of the several Judicial Circuits of the State and a Judge from the City of Baltimore specially elected thereto, one of whom shall be desig- nated by the Governor, by and with the advice and consent of the Senate, as the Chief Judge ; and in all cases until action by the Senate can be had, the Judge so designated by the Governor shall act as Chief Judge. The Judge of the Court of Appeals from the City of Baltimore shall be elected by the quali- fied voters of said city at the election of Judges to be held therein, as here- inbefore provided ; and in addition to his duties as Judge of the Court of Appeals, shall perform such other duties as the General Assembly shall pre- scribe. The jurisdiction of said Court of Appeals shall be co-extensive with the limits of the State, and such as now is or may hereafter be prescribed by Law. It shall hold its sessions in the City of Annapolis, on the first Monday in April, and the first Monday in October; [on the second Monday in Janu- ary, the first Monday in April and the first Monday in October] 1 of each and every year, or at such other times as the General Assembly may by Law direct. Its sessions shall continue not less than ten months in the year, if the business
1 Term thus arranged by Act of 1886, ch. 185.
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before it shall so require; and it shall be competent for the Judges tempora- rily to transfer their sittings elsewhere upon sufficient cause.
Quorum - Judge below not to sit - Opinion
Sec. 15. Four of said Judges shall constitute a quorum ; no cause shall be decided without the concurrence of at least three ; but the Judge who heard the cause below shall not participate in the decision ; in every case an opinion, in writing, shall be filed within three months after the argument or submission of the cause; and the judgment of the court shall be final and conclusive ; and all cases shall stand for hearing at the first term after the transmission of the record.
Publication of reports
Sec. 16. Provision shall be made by law for publishing reports of cases argued and determined in the Court of Appeals, which the Judges shall desig- nate as proper for publication.
Clerks - Removal - Vacancy
Sec. 17. There shall be a Clerk of the Court of Appeals, who shall be elected by the legal and qualified voters of the State, who shall hold his office for six years, and until his successor is duly qualified ; he shall be subject to removal by the said Court for incompetency, neglect of duty, misdemeanor in office, or such other cause or causes as may be prescribed by law; and in case of a vacancy in the office of said Clerk. the Court of Appeals shall appoint a Clerk of said Court, who shall hold his office until election and qualification of his successor, who shall be elected at the next general election for mem- bers of the General Assembly ; and the person so elected shall hold his office for the term of six years from the time of election.
Rules for Appeals - Record - Practice - Costs - Rules in Equity
Sec. 18. It shall be the duty of the Judges of the Court of Appeals, as soon after their election under this Constitution as practicable, to make and publish rules and regulations for the prosecution of appeals to said appellate court whereby they shall prescribe the periods within which appeals may be taken, what part or parts of the proceedings in the court below shall constitute the record on appeal and the manner in which such appeals shall be brought to hearing or determination, and shall regulate, generally, the practice of said Court of Appeals so as to prevent delays and promote brevity in all records and proceedings brought into said court, and to abolish and avoid all un-
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necessary costs and expenses in the prosecution of appeals therein; and the said Judges shall make such reductions in the fees and expenses of the said courts as they may deem advisable. It shall be the duty of said Judges of the Court of Appeals, as soon after their election as practicable, to devise and promulgate by rules or orders, forms and modes of framing and filing bills, answers and other proceedings and pleadings in Equity ; and also forms and modes of taking and obtaining evidence, to be used in Equity cases ; and to revise and regulate, generally, the practice in the Courts of Equity of this State, so as to prevent delays, and to promote brevity and conciseness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses attending the same. And all rules and regulations hereby directed to be made shall. when made, have the force of Law until rescinded, changed or modified by the said Judges, or the General Assembly.
Part III. - Circuit Courts Judicial Circuits
Sec. 19. The state shall be divided into eight Judicial Circuits, in manner following, viz .: The Counties of Worcester, Somerset, Dorchester and Wico- mico1 shall constitute the First Circuit; the Counties of Caroline, Talbot, Queen Anne's, Kent and Cecil, the Second; the Counties of Baltimore and Harford, the Third ; the Counties of Allegany, Washington and Garrett,2 the Fourth ; the Counties of Carroll, Howard and Anne Arundel, the Fifth ; the Counties of Montgomery and Frederick, the Sixth ; the Counties of Prince George's, Charles, Calvert and St. Mary's, the Seventh, and Baltimore City, the Eighth.
County Courts - Jurisdiction
Sec. 20. A Court shall be held in each County of the State, to be styled the Circuit Court for the County in which it may be held. The said Circuit Courts shall have and exercise, in the respective Counties, all the power, authority and jurisdiction, original and appellate, which the present Circuit Courts of this State now have and exercise, or which may hereafter be prescribed by Law.
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