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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 22   View pdf image (33K)
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22 CONSTITUTION OF MARYLAND.

held morally accountable for his acts, and be rewarded or punished

therefor in this world or the world to come.

A plea in abatement alleging that one of the grand jurors who indicted
the traverser did not believe in the truths of the Holy Scriptures, is bad;
this article does not so require. The provision that no one should be
deemed incompetent by reason of his religious belief provided he believes
in the existence of God and His dispensation of rewards and punishments,
means that no one is competent as a juror who does not so believe. If a
grand juror is incompetent, the indictment is void. State v. Mercer, 101
Md. 537.

This article and article 37 referred to in holding that the act of congress
of February 26, 1885, prohibiting the immigration of aliens under contract,
etc., had no application to a minister of the gospel. Church, etc., v. United
States, 143 U. S. 457.

This article referred to in discussing the jurisdiction of the chancellor
over infants. Corrie's case, 2 Bl. 503.

Article 27, section 384, of the code of 1904 (prohibiting work on Sunday),
held not to violate this article. Judefind v. State, 78 Md. 511.

, Art. 37. That no religious test ought ever to be required as a quali-
fication for any office of profit or trust in this State, other than a decla-
ration: of belief in the existence of God; nor shall the Legislature pre-
scribe any other oath of office than the oath prescribed by this Constitu-
tion.

History of this article. See notes to article 1, section 6. Davidson v.
Brice, 91 Md. 688.

See article 70 and notes to article 36 of the Annotated Code.

Art. 38. That every gift, sale or devise of land to any Minister,
Public Teacher or Preacher of the Gospel, as such, or to any Eeligious
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 Eeligious 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 prior or subsequent sanction 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.

Article not applicable.

This article has no application to personal property passing to foreign
corporations or individuals living abroad; it is no concern of our state
whether personal property accumulates in the hands of foreign corporations.
This article is analogous to the British statutes of mortmain; purpose
thereof. Vansant v. Roberts, 3 Md. 127; Brown v. Thompkins, 49 Md. 431;
Church Extension, etc., v. Smith, 56 Md. 389.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 22   View pdf image (33K)
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