60 CONSTITUTION OF MARYLAND. [ART. III

This section referred to in holding that the warden of the Maryland
Penitentiary might be made a defendant in an ejectment suit; the immu-
nity of the state from suit does not prevent an action against a state
official wrongfully withholding property for state uses. Weyler v. Gibson,
110 Md. 653.

For the law on the subject of this section prior to its adoption, see Alex-
ander v. Baltimore, 5 G. 392; Tidewater Canal Co. v. Archer, 9 G. & J. 479;
Hamilton v. Annapolis, etc., Co., 1 Md. Ch. 109; Harness v. G. & O. Canal
Co., 1 Md. Ch. 248; Hepburn's case, 3 Bl. 95.

For a note on "Condemnation of Land by Corporations," see Hamilton
v. Annapolis, etc., R. Co., 1 Md. 553.

Cited but not construed in State v. Baltimore County, 29 Md. 521.

See article 33A of the Annotated Code.

Sec. 40A. The General Assembly shall enact no law authorizing
private property to be taken for public use without just compensation,
to be agreed upon between 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 provide for the appointment of appraisers by a Court
of Record to value such property, and that, upon payment of the
amount of such valuation 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.*

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 challenge so to do, or who shall act as a
second, or knowingly aid .or assist in any manner those offending, shall
over thereafter be incapable of holding any office of profit or trust under
this State, unless relieved from the disability by an Act of the Legis-
lature.

Sec. 42. The General Assembly shall pass laws necessary for the
preservation of the purity of elections.

The p,ower to enact a primary election law lies back of and beyond

this section, and is not derived from it. This section does not confer the

power to enact a primary election law, but is a mandate to execute a

power implicitly assumed to exist independently of the mandate. Kenne-

weg v. Allegany County, 102 Md. 123.

This section referred to in construing article 4, section 11, and article 5,

section 2—see notes thereto. Groome v. Gwinn, 43 Md. 631 (concurring

opinion).

The registry act of 1865, chapter 174, passed in'pursuance of article 3,

section 41, and of article 1, section 2. of the constitution of 1864, upheld— .

see notes to article 1, section 5. Anderson v. Baker. 23 Md. 618, 572, 994;

and 586.

Sec. 43. The property of the wife shall be protected from the debts
of her husband.

Where land is held by husband and wife as tenants by the entireties, a
judgment against the husband is not a lien on the land, and hence such
land may be conveyed by the husband and wife to a purchaser free of the
judgment. Jordan v. Reynolds, 105 Md. 293.

*This section was added to article 3 by the act of 1912. chapter 402, ratified
November 4, 1913.