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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 54   View pdf image (33K)
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54 CONSTITUTION OF. MARYLAND. [ART. III

could not have been accomplished under any existing general law. O'Brian
v. Baltimore County, 51 Md. 21.

The act of 1900, chapter 147, regulating the number, jurisdiction, duties
and compensation of justices of the peace and constables of Baltimore
county, held not to violate the portion of this section prohibiting the passage
of a special law for any case for which provision has been made by an
existing general law, since the act of 1900 was a local law as distinguished
from a special law. Herbert v. Baltimore County, 97 Md. 645.

This section held to have no application to the act of 1906, chapter 794,
providing for the taxation of mortgages in certain counties, since "there
is no general law now existing providing for the taxation of mortgages in
Wicomico. county." Miller v. Wicomico County, 107 Md. 438.

The portion of this section prohibiting the passage of a special act for
any case for which provision has been made by an existing general law,
held to have no application to the act of 1894, chapter 546, providing for
the removal of the county seat of Charles county if the voters so deter-
mine and for the erection of a court house, etc., since there was no gen-
eral law on this subject. Hamilton v. Carroll, 82 Md. 337-8.

Generally.

The provision of this section forbidding the passage of a special law
for any case for which provision has been made by an existing general law,
has respect to the future passage of a special law in a matter already pro-
vided for by a general law. The sections of the code relating .to negro
apprentices can not be denominated a special law. The foregoing portion
of this section held not to have been violated. Brown v. State, 23 Md. 507
(based on the constitution of 1864).

A public local law is not a special law within the meaning of this section.
Dorchester County v. Meekins, 50 Md. 39.

The portion of this section prohibiting releasing "persons from their
debts or obligation to the state" does not interdict a public general law,
but is confined to local or special laws. The act of 1880, chapter 444,
amended the law so as to relieve estates passing to a husband from the
collateral inheritance tax; section 2 of that act, providing that it should
apply to all cases of "collateral inheritance tax heretofore claimed of but
not actually paid by the husband of any decedent," held not to be a local
or special law within the meaning of this section. Object of this section.
Montague v. State, 54 Md. 489.

An act amendatory of the general laws passed to regulate the appoint-
ment of judges of election, etc., but restricted in its application to about
three-fourths of the state, held not to be such a local or special law as is
prohibited by this section. Lankford v. Somerset County, 73 Md. 1.17.

The act of 1874, chapter 221, providing for the measurement of oysters
in the shell at certain designated places and at all packing establishments
in the state, held not to violate the portion of this section prohibiting the
passage of a special law for any case for which provision has been made
by an existing general law, since such act was not a special law within the
meaning of this section; nor was there in existence at the time it was
passed a general law on the subject. McGrath v. State, 46 Md. 634.

The act of 1904, chapter 263, exempting a particular wharf owned by a
church from municipal taxation, held to violate the portion of this section
providing that no special law shall be passed for any case for which pro-
vision has been made by an existing general law (article 81, section 4).
Object of this section. Baltimore v. Starr Church, 106 Md. 280.

Section 2 of the act of 1800, chapter 513, remitting the sum due by the
authorities of a certain county for examinations of the records in the land
office, held to be in violation of this section. Scharf v. Tasker, 73 Md. 385.
Cited but not construed in Rock Hill College v. Jones, 47 Md. 16.

Sec. 34. No debt shall be hereafter contracted by the General
Assembly 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

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 54   View pdf image (33K)
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