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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 56   View pdf image (33K)
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56 CONSTITUTION OF MARYLAND. [ART. III

Sec. 37. The General Assembly shall pass no Law providing for
payment by this State for Slaves emancipated from servitude in this
State; but they shall adopt such measures as they may deem expedient
to obtain from the United States compensation for such Slaves, and to
receive and distribute the same equitably to the persons entitled.

The word "slaves" as used in this section can not be applied to a free
negro apprenticed. Brown v.' State, 23 Md. 507.

Sec. 38. No person shall be imprisoned for debt.

The fact that the act of 1912, chapter 133—see article 56, section 138 et
seq., of the Annotated Code—penalizes the operation of motor vehicles
without a license by imprisonment in jail upon default in the payment of
the fine imposed, does not violate this section. Ruggles v. State, 120 Md.
564.

The term "debt" as used in this section means an obligation arising other-
wise than from a sentence of a court for a breach of the peace or crime.
The constitution is to be construed according to the acceptation of those
who adopted it. State v. Mace, 5 Md. 350; Euggles v. State, 120 Md. 564.
And see The Ann, 8 Fed. 925.

The act of 1872, chapter 329, providing that a defaulting tax collector
shall be imprisoned in the penitentiary, etc., "unless the amount for which
he defaults be sooner paid," held not to violate this section. There is a
broad distinction between imprisonment for debt and for a breach of duty
on the part of a public officer, although such breach may be the neglect to
pay over money received for the use of the state. State v. Nicholson, 67
Md. 3; Ruggles v. State, 120 Md. 564.

This section referred to in upholding the right of a court of equity to
enjoin a suit in another state instituted for the purpose of evading this
section. Miller v. Gittings, 85 Md. 618.

The insolvent laws held not to have been abrogated by this section; an
arrest for debt was not necessary at the adoption of the constitution of
1851, to entitle a person to be discharged under the insolvent laws. Trail
v. Snouffer, 6 Md. 316.

Cited but not construed in Rice v. Hoffman, 35 Md. 351; Buchanan v.
Turner, 26 Md. 6.

Sec. 39. The General Assembly shall grant no charter for Banking
purposes, nor renew any Banking Corporation now in existence, except
upon the condition that the Stockholders 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; the books,
papers and accounts of all Banks shall be open to inspection under such
regulations as may be prescribed by Law.

This section referred to in deciding that under article 23, section 116, of
the Annotated Code, each stockholder was liable for double the amount of
his stock. Murphy v. Wheatley, 102 Md. 514.

This section referred to in deciding that a corporation may not buy its
own shares of stock. Md. Trust Co. v. Mechanics' Bank, 102 Md. 619.

Cited but not construed in Clark Co. v. Colton, 91 Md. 231 (dissenting
opinion).

Sec. 40. The General Assembly shall enact no Law authorizing
private property to be taken for public use, without just compensation

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 56   View pdf image (33K)
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