Sec. 9. No person shall be eligible as a Senator or Delegate who, at the time of his election, is not a citizen of the United States, and who has not resided at least three years next preceding the day of his election in this State, and the last year thereof in the county or city which he may be chosen to represent, if such county or city shall have been so long established, and if not then in the county from which, in whole or in part, the same may have been formed; nor shall any person be eligible as a Senator, unless he shall have attained the age of twenty-five years, nor as a Delegate, unless he shall have attained the age of twenty-one years at the time of his election. Sec. 10. No member of Congress, or persons holding any civil or military office under the United States, shall be eligible as a Senator or Delegate, and if any person shall, after his election as a Senator or Delegate, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. Sec. 11. No Minister or Preacher of the gospel, of any denomination, and, no person holding any civil office of profit or trust under this State, except justices of the peace, shall be eligible as Senator or Delegate. Sec. 12. Each House shall be judge of the qualifications and elections of its members, subject to the laws of the State, appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behaviour, and with the consent of twothirds expel a member; but no member shall be expelled a second time for the same offence. Sec. 13. A majority of each House shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each House may prescribe. Sec. 14. The doors of each House and of committees of the whole shall be open, except when the business is such as ought to be kept secret. Sec. 15 Each House shall keep a journal of its proceedings, and cause the same to be published. The yeas and nays of members on any question shall, at the call of any five of them, in the House of Delegates or one in the Senate, be entered on the journal. Sec. 16. Neither House shall, without the consent of the other, adjourn for more than three days; nor to any other place than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present. Sec. 17. The style of all laws of this State, shall be, "Be it enacted by the General 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 Sec. 18. Any bill may originate in either House of the General Assembly, and be altered, amended or rejected by the other; but no bill shall originate in either House during the last three days of the session, or become a law, until it be read on three different days of the session in each House, unless three-fourths of the members of the House, where such bill is pending, shall so determine. ་ Sec. 19. No bill shall become ataw mess it be passed in each House by a majority of the whole number of members elected, and on its final passage the ayes and noes be recorded. Sec. 20. No money shall be drawn from the Treasury of the State, except in accordance with an appropriation made by law, and every such law shall distinctly specify the sum appropriated and the object to which it shall be applied, provided that nothing herein contained shall prevent the Legislature from placing a contingent fund at the disposal of the Executive, who shall report to the Legislature at each session the amount expended and the purposes to which it was applied. An accurate statement of the receipts and expenditures of the public money shall be attached, to and published with the laws after each regular session of the General Assembly. Sec. 21. No divorce shall be granted by the General Assembly. Sec. 22. No debt shall hereafter be 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 Improvement companies, or of the State tax now levied or which may hereafter be levied, to pay off the public debt, to any other purpose, until the interest and debt are fully paid, or the sinking fund shall be equal to the amount of the outstanding debt, but the Legislature may, without laying a tax, borrow an amount never to exceed fifty thousand dollars, to meet temporary deficiencies in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State. Sec. 23. No extra compensation shall be granted or allowed by the General Assembly to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into. Nor shall the salary or compensation of any public officer be increase! c diminished during his term of office. senator or delegate, after quali"fying 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 Leg islature. Sec. 25. Each House may punish, by impris. onment, during the session of the General Assembly, any person not a member, for disrespectful or disorderly behaviour 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. place at which the General Assembly is convened. Sec. 27. No senator or delegate shall be liable, in any civil action or criminal prosecution whatever, for words spoken in debate. Sec. 28. The House of Delegates may inquire, on the oath of witnesses, into all complaints, grievances and offences, as the Grand Inquest of the State, and may commit any per'son for any crime to the public jail, there to remain until discharged by due course of lawthey may examine and pass all accounts of the State, relating either in the collection or expenditure of the revenue, and appoint auditors to state and adjust the same—they may call for all public or official papers and records, and send for persons whom they may judge necessary in the course of their inquiries concerning affairs relating to the public interest, and may direct all office bonds which shall be made payable to the State, to be sued for any breach of duty. Sec. 29. In case of death, disqualification, resignation, refusal to act, expulsion or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a delegate or senator, or in case of a tie between two or more such qualified persons, a warrant of election shall be issued by the Speaker of the House of Delegates or President of the Senate, as the case may be, for the election of another person in his place, of which election, not less than ten days' notice shall be given exclusive of the day of the publication of the notice and of the day of election; and in case of such resignation or refusal to act, being communicated, in writing, to the Governor, by the person making it, or if such death occur during the legislative recess and more than ten days 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. 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 Sec. 26. The members of each House shall, an addition of one dollar per day. No book in all cases, except treason, felony or other or other printed matter not appertaining to criminal offence, be privileged from arrest du- the business of the session, shall be purchased ring their attendance at the session of the or subscribed for, for the use of the memGeneral Assembly, and in going to and return-bers, or be distributed among them, at the ing from the same, allowing one day for every public expense. thirty miles such member may reside from the Sec. 31. No law passed by the General As sembly, shall take effect until the first day of June next, after the session at which it may be passed, unless it be otherwise expressly declared therein. Sec. 32. No law shall be passed creating the office of Attorney General. Sec. 33. The General Assembly shall have full power to exclude from the privilege of voting at elections, or of holding any civil or military office in this State, any person who may thereafter be convicted of perjury, bribery or other felony, unless such person shall have been pardoned by the Executive. over and above office expenses, and compensation to assistants; and provided farther, that such compensation of clerks, registers, assistants and office expenses, shall always be paid out of the fees or receipts of the offices respectively. Sec. 41. The House of Delegates shall have the sole power of impeachment in all cases, but a majority of all the members must 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. 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 pre- Sec. 42. That it shall be the duty of the siding officers and chief clerks of the Senate Legislature, so soon as the public debt shall and House of Delegates. Every law shall have been fully paid off, to cause to be transbe recorded in the office of the Court of Ap-ferred to the several counties and the city of peals, and in due time be printed, published Baltimore, stock in the Internal Improvement and certified under the great seal to the sev- companies, equal to the amount respectively eral courts in the same manner as has been paid by each towards the erection and comheretofore usual in this State. pletion of said works at the then market value of said stock. Sec. 35. No person who may hereafter be a collector, receiver or holder of public moneys shall be eligible as senator or delegate or to any office of profit or trust under this State, until he shall have accounted for and paid into the Treasury all sums on the books thereof, charged to and due by him. Sec. 36. Any citizen of this State who shall, after the adoption of this constitution, either in or out of this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as second, or knowingly aid or assist in any manner, those thus offending, shall ever thereafter be incapable of holding any office of trust or profit under this State. Sec. 37. No lottery grant shall ever hereafter be authorized by the Legislature. Sec. 38. The General Assembly shall pass laws necessary to protect the property of the wife from the debts of the husband during her life, and for securing the same to her issue after her death. Sec. 39. Laws shall be passed by the Legislature to protect from execution a reasonable amount of the property of a debtor, not exceeding in value the sum of five hundred dollars. 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 compensa tion to any of said officers shall not exceed the sum of twenty-five hundred dollars a year, Sec. 43. The Legislature shall not pass any law abolishing the relation of master or slave, as it now exists in this State. Sec. 44. No person shall be imprisoned for debt. Sec. 45. The Legislature hereafter shall grant no charter for banking purposes or 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. Sec. 46. The Legislature shall enact no law authorizing private property to be taken for public use without just compensation, as agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation. Sec. 47. Corporations may be formed under general laws, but shall not be created by 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 repealed; provided nothing herein contained shall be construed to alter, change or amend in any manner the article in relation to banks. Sec. 48. The Legislature shall make provi sion for all cases of contested elections of any of the officers not herein provided for. Sec. 49. The rate of interest in this State shall not exceed six per cent. per annum, and no higher rate shall be taken or demanded, and the Legislature shall provide by law all necessary forfeitures and penalties against usury. ARTICLE IV. Sec. 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 Justi ces of the Peace. Sec. 2 The Court of Appeals shall have appellate jurisdiction only, which shall be co-ex tensive 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. Sec. 3. The Court of Appeals shall appoint its own clerk, who shall hold his office for six years, and may be re-appointed at the end there of; he shall be subject to removal by the said court for incompetency, neglect of duty, misdemeanor in office, and for such other causes as may be prescribed by law. Sec. 4. The State shall be divided into four Judicial districts: Allegany, Washington, Frederick, Carroll, Baltimore and Harford counties shall compose the first; Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's the second; Baltimore city the third; and Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset and Wor cester shall compose the fourth district. And one person from among those learned in the law, having been admitted to practice 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 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, willful neglect of duty or misbehaviour 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. shall sit in any case, wherein he may be inSec. 5. No Judge of the Court of Appeals terested, or where either of the parties may be connected 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. Sec. 6. All Judges of the court of Appeals, of the circuit courts, and of the courts of the city of Baltimore, shall by virtue of their offices, be conservators of the peace throughout the State. 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 processes shall run in the same style, and be tested, sealed and signed as usual; and all indictments shall conclude "against the peace, government and dignity of the State" Sec. 8. The State shall be divided into eight Judicial Circuits, in manner and form following, to wit: St. 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 Allegany 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 direct 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. 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 ed, for each of the said Judicial circuits, except the fifth, one person from among those learned in the law, having been admitted to practice 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 of this State, all the power, authority and juris diction which the county courts of this State now have, and exercise, or which may here- a court of equity within the limits of the said after 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. 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 misbehaviour, on conviction in any 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. 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 city, and in all other civil cases which have not been heretofore assigned to the Court of Common Pleas. 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. 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 juige, 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, shall be subject to the provisions of this constitution with regard to the election and qualification of judges' term of office, and removal therefrom. 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, |