Article III

ment companies, or of the State tax, now levied, or
which may hereafter be levied, to pay off the public debt
or 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 General Assem-
bly may authorize the Board of Public Works to direct
the State Treasurer to borrow in the name of the State,
in anticipation of the collection of taxes, such sum or
sums as may be necessary to meet temporary deficiencies
in the treasury, to preserve the best interest of the State
in the conduct of the various State institutions, depart-
ments, bureaus, and agencies during each fiscal year.
Subject to the approval of the Board of Public Works
and as provided by law, the State Treasurer is autho-
rized to make and sell short-term notes for temporary
emergencies, but such notes must only be made to pro-
vide for appropriations already made by the General As-
sembly. The •General Assembly may contract debts to
any amount that may be necessary for the defense of the
State, and provided further that nothing in this section
shall be construed to prohibit the raising of funds for
the purpose of aiding or compensating in such manner
or way as the General Assembly of the State shall deem
proper, those citizens of the State who have served, with
honor, their Country and State in time of War; provid-
ed, however, that such action of the General Assembly
shall be effective only when submitted to and approved
by a vote of the people of the State at the General Elec-
tion next following the enactment of such legislation.

SEC. 35.⁵⁷ Extra compensation may not be granted
or allowed by the General Assembly to any public Offi-
cer, Agent, Servant or Contractor, after the service has
been rendered, or the contract entered into; nor may
the salary or compensation of any public officer be in-
creased or diminished during his term of office except
those whose full term of office is fixed by law in excess
of 4 years. However, after January 1, 1956, for services
rendered alter that date, the salary or compensation of
any appointed public officer of the Mayor and City
Council of Baltimore may be increased or diminished at
any time during his term of office; except that as to of-
ficers in the Classified City Service, when the salary of
any appointed public officer of the Mayor and City
Council of Baltimore however, increased or decreased, it
may not again be increased or decreased, as the case
may be, during the term of such public officer.

SEC. 35A.⁵⁸ Nothing in this Constitution shall ex-
empt the salary or compensation of any judge or other
public officer from the imposition by the General As-
sembly of a non-discriminatory tax upon income.

SEC. 36.⁵⁹ No Lottery grant shall ever hereafter be
authorized by the General Assembly, unless it is a lot-
tery to be operated by and for the benefit of the State.

SEC. 37.⁶⁰ Vacant.

" Thus amended by Chapter 976, Acts of 1978, ratified No-
vember 7, 1978.
⁵⁸ Thus added by Chapter 771, Acts of 1939, ratified November
5, 1940.
⁵⁹ Thus amended by Chapter 364. Acts of 1972, ratified No-
vember 7,1972.
^w Repealed by Chapter 681, Acts of 1977, ratified November 7,
1978.

Constitution of Maryland/67 5

SEC. 38.⁶¹ No person shall be imprisoned for debt,
but a valid decree of a court of competent jurisdiction
or agreement approved by decree of said court for the
support of a wife or dependent children, or for the sup-
port of an illegitimate child or children, or for alimony,
shall not constitute a debt within the meaning of this
section.

SEC. 39.⁶² The books, papers and accounts of all
banks shall be open to inspection under such regula-
tions as may be prescribed by law.

SEC. 40. The General Assembly 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 ten-
dered to the party entitled to such compensation.

SEC. 40A.⁶³ The General Assembly shall enact no
law authorizing private property to be taken for public
use without just compensation, to be agreed upon be-
tween the parties, or awarded by a jury, being first paid
or tendered to the party entitled to such compensation,
but where such property is situated in Baltimore City
and is desired by this State or by the Mayor and City
Council of Baltimore, the General Assembly may pro-
vide that such property may be taken immediately upon
payment therefor to the owner or owners thereof by the
State or by the Mayor and City Council of Baltimore,
or into court, such amount as the State or the Mayor
and City Council of Baltimore, as the case may be,
shall estimate to be the fair value of said property, pro-
vided such legislation also requires the payment of any
further sum that may subsequently be added by a jury;
and further provided that the authority and procedure
for the immediate taking of property as it applies to the
Mayor and City Council of Baltimore on June 1, 1961,
shall remain in force 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 Baltimore County, Maryland,
may provide for the appointment of an appraiser or ap-
praisers by a Court of Record to value such property
and that upon payment of the amount of such evalua-
tion, 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 Mont-
gomery County and in the judgment of and upon a
finding by the County Council of said County that
there is immediate need therefor for right of way for
County roads or streets, the County Council may pro-
vide that such property may be taken immediately upon
payment therefor to the owner or owners thereof, or
into court, such amount as a licensed real estate broker
appointed by the County Council 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 subsequently be awarded by a jury. In the