100 CONSTITUTION OF MARYLAND.

For the law on the subject of this section prior to its adoption, see Alexander v.
Baltimore, 5 G. 392; Tidewater Canal Co. v. Archer, 9 C. & J. 479; Hamilton v.
Annapolis, etc., Co., 1 Md. Ch. 109; Harness v. C. & 0. 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.

The workmen's compensation act of Maryland does not violate this section—see
notes to art. 101, sec. 14. Solvuca v. Ryan & Reilly Co., 131 Md. 281.

See art. 33A, An. Code, and notes to secs. 30, 32 and 40A (this article),.and to art.
23 of Declaration of Rights and to art. 72, sec. 98, An. Code.

See. 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.1

Certain ordinances being valid, the plaintiff was not entitled to the aid of a court
of equity unless the city of Baltimore undertakes to take his property before paying
or tendering compensation, or paying the money into court under sec. 827 of the
city charter. Bouis v. Baltimore, 138 Md. 297.

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 know-
ingly aid or assist in any manner those offending, shall ever thereafter be
incapable of holding any office of profit or trust under this State, unless
relieved from the disability by an Act of the Legislature.

Sec. 42. The General Assembly shall pass laws necessary for the preser-
vation of the purity of elections.

The power 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 inde-
pendently of the mandate. Kenneweg v. Allegany County, 102 Md. 123.

This section referred to in construing art. 4, sec. 11, and art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 631 (concurring opinion).

The registry act of 1865, ch. 174, passed in pursuance of art. 3, sec. 41, and of
art. 1, sec. 2, of the Constitution of 1864, upheld—see notes to art. 1, sec. 5. Ander-
son v. Baker, 23 Md. 618, 572, 594, 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; Masterman v. Masterman, 129 Md. 171.

Where a husband, to secure his debt, mortgaged property held by himself and wife
as tenants by the entireties, upon a foreclosure of the mortgage, the purchaser is not
entitled to possession as against the wife, since the mortgage by the husband could
not affect her rights. McCubbin v. Stanford, 85 Md. 390; Masterman v. Masterman,
129 Md. 171.

1 This section was added to art. 3 by act of 1912, ch. 402, ratified November 4, 1913.