and effect to and including June 1, 1963, and where such
property is situated in Baltimore County and is desired by
Baltimore County, Maryland, the County Council of Balti-
more County, Maryland, may provide for the appointment
of an appraiser or appraisers by a Court of Record to value
such property and that upon payment of the amount of such
evaluation, to the party entitled to compensation, or into
Court, and securing the payment of any further sum that
may be awarded by a jury, such property may be taken;
and where such property is situated in Montgomery County
and in the judgment of and upon a finding by the County
Council of said County that there is immediate need there-
for for right of way for County roads or streets, the County
Council may provide that such property may be taken im-
mediately upon payment therefor to the owner or owners
thereof, or into court, such amount as an appraiser ap-
pointed by a Court of Record shall estimate to be the fair
market value of such property, provided that the Council
shall secure the payment of any further sum that may sub-
sequently be awarded by a jury. This section shall not apply
in Montgomery County if the property actually to be taken
includes buildings or improvements.](1)

SEC. 40B. The General Assembly shall enact no law au-
thorizing private property to be taken for public use with-
out just compensation, to be agreed upon between the par-
ties or awarded by a jury, being first paid or tendered to
the party entitled to such compensation, except that where
such property in the judgment of the State Roads Commis-
sion is needed by the State for highway purposes, the Gen-
eral Assembly may provide that such property may be tak-
en immediately upon payment therefor to the owner or
owners thereof by said State Roads Commission, or into
Court, such amount as said State Roads Commission shall
estimate to be of the fair value of said property, provided
such legislation also requires the payment of any further
sum that may subsequently be awarded by a jury.'

SEC. 41. Any citizen of this State, who shall after the
adoption of this Constitution, either in, or out of this State,
fight a duel with deadly weapons, or send, or accept a chal-
lenge so to do, or who shall act as a second, or knowingly
aid or assist in any manner, those offending, shall, ever
thereafter, be incapable of holding any office of profit or

1 This amendment was submitted by Chapter 339, Acts of 1961, to be voted upon
by the voters in November 1962.
2Added by Chapter 607, Acts of 1941, ratified Nov. 3, 1942.