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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 75   View pdf image (33K)
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[Art. 3] LEGISLATIVE DEPARTMENT 75

Ch. 185, Acts of 1937, providing for transportation of children attending private or
parochial schools in Baltimore Co., does not violate this section. Board of Education v.
Wheat, 174 Md. 314.

Generally.

Ch. 582, 1935, postponing time for sale of property for non-payment of taxes in
Anne Arundel Co. did not violate this section. Free v. Greene, 175 Md. 37.

Construing this section in connection with sec. 48, the legislature held to have no
right to create by special act a corporation in Washington county to establish an
electric light plant, but that the legislature was authorized to empower the municipality
of Hagerstown to do so. Mealey v. Hagerstown, 92 Md. 745.

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 ob-
ligation to the state" does not interdict a public general law, but is confined to local
or special laws. The act of 1880, ch. 444, amended the law so as to relieve estates
passing to a husband from the collateral inheritance tax; sec. 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 appointment of judges
of election, etc., but restricted in its application to about three-fourths of the state,
held not to be such a local special law as is prohibited by this section. Lankford v.
Somerset County, 73 Md. 117.

The duty of the Governor and officers of the treasury department as to recommend-
ing the refund of money paid into the state treasury under this section is a discretionary
one, and therefore mandamus will not lie. See notes to art. 72, sec. 75 of the Code.
Purpose of this section. Foote v. Harrington, 129 Md. 125.

The legislature may not remit the sum due by the authorities of county for examina-
tion of the records in the Land Office, without the recommendation of the Governor or
officers of the Treasury department. Scharf v. Tasker, 73 Md. 385.

Cited but not construed in Rock Hill College v. Jones, 47 Md. 16.

Cited in dissenting opinion in In re Rickell's Estate, 158 Md. 671.

See notes to sec. 32.

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 within fifteen years from
the time of contracting the same; and the taxes laid for this purpose shall
not be repealed or applied to any other object until the said debt and inter-
est thereon shall be fully discharged. The credit of the State shall not in
any manner be given, or loaned to, or in aid of any individual association
or corporation; nor shall the General Assembly have the power in any
mode to involve the State in the construction of works of internal improve-
ment, nor in granting any aid thereto which shall involve the faith or credit
of the State; nor make any appropriation therefor, except in aid of the Con-
struction of works of internal improvement in the counties of St. Mary's,
Charles and Calvert, which have had no direct advantage from such works
as have been heretofore aided by the State; and provided that such aid,
advances or appropriations shall not exceed in the aggregate the sum of
five hundred thousand dollars. And they shall not use or appropriate the
proceeds of the internal improvement companies, or of the State tax, now
levied, or which may hereafter be levied, to pay off the public debt (or) to
any other purpose until the interest and debt are fully paid or the sinking
fund shall be equal to the amount of the outstanding debt; but the General
Assembly may, without laying a tax, borrow an amount never to exceed
fifty thousand dollars to meet temporary deficiencies in the Treasury, and
may contract debts to any amount that may be necessary for the defence
of the State. And provided further that nothing in this section shall be
construed to prohibit the raising of funds for the purpose of aiding or com-
pensating in such manner or way as the General Assembly of the State shall


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 75   View pdf image (33K)
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