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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 58   View pdf image (33K)
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58 CONSTITUTION OF MARYLAND.

constitutional. Design of this article. State v. Glenn, 54 Md. 599. And see State v.
Loden, 117 Md. 385; Lancaster v. State, 90 Md. 215. Cf. Danner v. State, 89
Md. 225.

The power conferred upon the managers of the house of refuge by art. 27, sec.
621, of the Code, is in nowise in conflict with the Declaration of Rights or the Con-
stitution of Maryland. Roth v. House of Refuge, 31 Md. 334.

The phrase " the law of the land " means the same as " due process of law " in the
Federal Constitution. The Workmen's Compensation Law of Maryland held con-
stitutional and valid. See notes to art. 101, sec. 14. Solvuca v. Ryan & Reilly Co.,
131 Md. 270.

The legislature has no power to confer on courts of equity the jurisdiction to
determine legal rights in regard to which courts of law exercise exclusive jurisdic-
tion. The act of 1888, ch. 478, limited. McCoy v. Johnson, 70 Md. 492.

Sec. 239 of art. 16, An. Code, providing that where property is resold at the risk
of a defaulting purchaser, the court may direct any deficit to be paid by such pur-
chaser, held not to violate this article. Capron v. Devries, 83 Md. 22. 4.

Legislation of the class of art. 16, sec. 252, An. Code—see notes thereto—does
not violate this article and is free from constitutional objection. Cummings v.
Wildman, 116 Md. 312.

The act of 1845, ch. 253, empowering the Allegany county court sitting in equity
to decree in a suit therein pending the partition of certain real estate, etc., held
not to violate this article. Acts of the legislature are presumed to be constitutional.
Davis v. Helbig, 27 Md. 462.

The act of 1896, ch. 246—See art. 93, sec. 243, of the An. Code—authorizing the
grant of letters upon estates of persons absent or unheard of for above seven years,
held to violate this article. Savings Bank v. Weeks, 103 Md. 605.

The act of 1825, ch. 190, purporting to abolish the corporation known as " The
Regents of the University of Maryland, " and to appoint trustees composed of dif-
ferent persons, and to transfer to the latter all the franchises and property of the
corporation, held to be in violation of this article. Meaning of the term " Law of
the Land. " It is difficult to perceive how an unconstitutional act can be made con-
stitutional and valid by a subsequent acquiescence in it.. University of Maryland v.
Williams, 9 G. & J. 410. And see Daly v. Morgan, 69 Md. 476 (dissenting opinion).

The acts of 1890, ch. 73, and 1904, ch. 141, the manifest object of which was to
divest and postpone the vested rights and interests of certain 'contributors to a
jockey club acquired under the act of 1870, ch. 89, and to give priority to certain
debts of the club, held to violate this article. Md. Jockey Club. v. State, 106
Md. 413.

The act of 1793, ch. 30, giving the appellant a summary process by execution,
in the nature of an attachment, against its debtors who have in writing made notes,
etc., drawn by them negotiable at the bank, held not to violate this article. Bk. of
Columbia v. O'Kelly, 4 Wheat. 235.

When a person accused of crime by a sufficient indictment is subjected, like all
other persons, to the law in its regular course, this article is not violated. Object
of this article. Lanasa v. State, 109 Md. 610.

Articles which are designed to be used in violation of the criminal law and which
can be used for no legitimate purpose, may be seized by the police, and this article
is not thereby violated. Replevin dismissed. Board of Police Commissioners v.
Wagner, 93 Md. 191.

The fact that special license fees are charged professional chauffeurs does not
deprive such chauffeurs of their property without due process of law. Ruggles v.
State, 120 Md. 562.

The words " judgment of his peers " mean a trial by jury, and the words " by the
law of the land " (copied from Magna Charta) mean due process of law according
to the course and process of the common law. This article referred to in upholding
the power of the legislature to grant a divorce. Wright v. Wright's Lessee, 2 Md.
452 (decided prior to the Constitution of 1867—see art. 3, sec. 33, thereof).

Sec. 203 of art. 23 of the An. Code, held not to be in violation of this article.
Meaning of the phrase " Law of the Land "; it is equivalent to the words " Due
process of law " as used in the United States Constitution. Baltimore Belt R. R.
Co. v. Baltzell, 75 Md. 99.

Meaning of the words " judgment of his peers, or by the law of the land. " This
article referred to in construing art. 17—see notes thereto. Grove v. Todd, 41
Md. 641.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 58   View pdf image (33K)
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