1872, c. 418. Six districts.

1872, c. 418. First district.

1872, c. 418.

Second district.

1872, c. 418. Third district.

1872, c. 418. Fourth district.

1872, c. 418. Fifth district.

1872, c. 418. Judges of first

election dis

more county,

and of seven


75. This State shall be divided into six districts, for the choosing of six representatives in the Congress of the United States, which shall be numbered from one to six.

76. The first congressional district shall be composed of Worcester county, Somerset county, Wicomico county, Dorchester county, Talbot county, Queen Anne's county, Carroll county, and Kent county, and shall be entitled to choose one representative.

77. The second congressional district shall be composed of Cecil county, Harford county, Carroll county, and the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth election districts of Baltimore county, and shall be entitled to choose one representative.

78. The third congressional district shall be composed of the wards of Baltimore city, from the first to the ninth ward, both inclusive, and shall be entitled to choose one representative.

79. The fourth congressional district shall be composed of the tenth ward, eleventh ward, twelfth ward, thirteenth ward, fourteenth ward, fifteenth ward, sixteenth ward, eighteenth ward, nineteenth, and twentieth wards of Baltimore city, and shall be entitled to choose one representative.

80. The fifth congressional district shall be composed of St. Mary's county, Charles county, Calvert county, Prince George's county, Anne Arundel county, with the city of Annapolis, Howard county, the first and thirteenth election districts of Baltimore county, and the seventeenth ward of Baltimore city, and shall be entitled to choose one representative.

81. The return judges of the elections of representatives to Conand thirteenth gress of the first and thirteenth election districts of Baltimore tricts of Balti-county shall make a return separate from the return to be made by the return judges of the remaining election districts; and the Baltimore city return judges of the seventeenth ward of the city of Baltimore shall make a return separate from the return to be made by the judges of the wards constituting the fourth congressional district.

teenth ward of

to make separate returns.

1874, c. 307. Sixth district.

82. The sixth congressional district shall be composed of Alleghany county, Garrett county, Washington county, Frederick county, and Montgomery county, and shall be entitled to choose one representative.

1855, c. 191.

No liquor to be


83. It shall not be lawful for the keeper of any hotel, tavern, sold in counties store, drinking establishment, or any other place where liquors are

on election


42 Md. 403.

sold, or for any person or persons, directly or indirectly, to sell, barter, or give, or dispose of any spirituous or fermented liquors, ale or beer, or intoxicating drinks of any kind, on the day of any election hereafter to be held in the several counties of the State.

Penalty for

84. Any person violating the provisions of the preceding section, 1865, c. 191. shall be liable to indictment by the grand jury of the county where selling. the offence is committed, and shall upon conviction before any judge of any of the Circuit Courts of this State, be fined a sum not less than fifty dollars, nor more than one hundred dollars, for each and every offence; one-half of the fine shall be paid the informer, the other half to the county commissioners for the use of public roads.


Art. 35, s. 46.

1838, c. 392, s. 1.

on election.

85. No person shall make any bet or wager on the result of any No person to bet election to take place in this State.

86. Any person offending against the last preceding section, shall be liable to indictment in the Circuit Courts, if the offence be committed in any county, or in the Criminal Court of Baltimore, if the offence be committed in Baltimore; and on conviction, shall be fined not less than fifty nor more than five hundred dollars, to be paid to the State for the use of the school fund.

Id. sec. 47.
Penalty for so

1838, c. 392,ss. 1-3.


1838, c. 392, s. 3.


12 G. & J. 484.

87. Every deposit of money in any part of the State, as a wager Id. s. 48. or bet upon elections in this State or elsewhere, shall be forfeited Wagers and paid over to the county commissioners of the county where deposited, for the use of the county; and if deposited in the city of Baltimore, to the mayor and city council.

[blocks in formation]

term of office.

SECTION 1. The executive power of the State shall be vested in a governor, Governor's whose term of office shall commence on the second Wednesday of January 2 Md. 398. next ensuing his election, and continue for four years, and until his successor 22 Md. 183. shall have qualified; but the governor chosen at the first election under this

Time, place and manner of elect ing the gov


1853, c. 134.

Plurality to
1856, c. 183.

Case of tie, Senate and House to choose.

House to deter

mine questions of eligibility, etc.

Vote viva voce and jointly.

Case of tie,

choice by lot.

Qualification of governor.

Constitution, shall not enter upon the discharge of the duties of the office until the expiration of the term for which the present incumbent was elected; unless the said office shall become vacant by death, resignation, removal from the State, or other disqualification of the said incumbent.

SEC. 2. An election for governor, under this Constitution, shall be held on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and on the same day and month in every fourth year thereafter, at the places of voting for delegates to the General Assembly; and every person qualified to vote for delegates, shall be qualified and entitled to vote for governor; the election to be held in the same manner as the election of delegates, and the returns thereof, under seal, to be addressed to the speaker of the House of Delegates, and inclosed and transmitted to the secretary of state, and delivered to said speaker at the commencement of the session of the General Assembly, next ensuing said election.

SEC. 3. The speaker of the House of Delegates shall then open the said returns, in the presence of both houses; and the person having the highest number of votes, and being constitutionally eligible, shall be the governor, and shall qualify, in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable. SEC. 4. If two or more persons shall have the highest and an equal number of votes for governor, one of them shall be chosen governor by the Senate and House of Delegates; and all questions in relation to the eligibility of governor, and to the returns of said election, and to the number and legality of votes therein given, shall be determined by the House of Delegates; and if the person or persons having the highest number of votes, be ineligible, the governor shall be chosen by the Senate and House of Delegates. Every election of governor by the General Assembly shall be determined by a joint majority of the Senate and House of Delegates; and the vote shall be taken viva voce. But if two or more persons shall have the highest and an equal number of votes, then, a second vote shall be taken, which shall be confined to the persons having an equal number; and if the vote should again be equal, then the election of governor shall be determined by lot between those who shall have the highest and an equal number on the first vote.

SEC. 5. A person to be eligible to the office of governor, must have attained the age of thirty years, and must have been for ten years a citizen of the State of Maryland, and for five years next preceding his election, a resident of the State, and, at the time of his election, a qualified voter therein.

In case of death, SEC. 6. In case of the death, or resignation of the governor, or of his reetc.. General As-moval from the State, or other disqualification, the General Assembly, if in sembly to elect. session, or if not, at their next session, shall elect some other qualified person to be governor for the residue of the term for which the said governor had been elected.

In case of

SEC. 7. In case of any vacancy in the office of governor, during the recess vacancy during of the legislature, the president of the Senate shall discharge the duties of said recess, president of Senate to act. office, until a governor is elected, as herein provided for; and in case of the death or resignation of the said president, or of his removal from the State, or of his refusal to serve, then the duties of said office shall, in like manner, and for the same interval, devolve upon the speaker of the House of Delegates. And the legislature may provide by law, for the impeachment of the governor; and in case of his conviction, or his inability, may declare what person shall perform the executive duties; and for any vacancy in said office not herein provided for, provision may be made by law; and if such vacancy should occur without such provision being made, the legislature shall be convened by the secretary of state for the purpose of filling said vacancy.


Governor to be commander-inchief, but not

SEC. 8. The governor shall be the commander-in-chief of the land and naval forces of the State; and may call out the militia to repel invasions, suppress

insurrections, and enforce the execution of the laws; but shall not take the to command in command in person, without the consent of the legislature.


His duties.

25 Md. 173.

SEC. 9. He shall take care that the laws are faithfully executed. SEC. 10. He shall nominate, and, by and with the advice and consent of the Appointments. Senate, appoint all civil and military officers of the State, whose appointment 7 Md. 151. or election is not otherwise herein provided for; unless a different mode of 14 Md. 215. appointment be prescribed by the law creating the office.

41 Md. 137.

2 Md. 341.

14 Md. 215.

1862, c. 68.

SEC. 11. In case of any vacancy, during the recess of the Senate, in any Appointments during recess. office which the governor has power to fill, he shall appoint some suitable person to said office, whose commission shall continue in force until the end of the next session of the legislature, or until some other person is appointed to the same office, whichever shall first occur; and the nomination of the person thus appointed, during the recess, or, of some other person in his place, shall be made to the Senate within thirty days after the next meeting of the legis lature.

rejected not to

SEC. 12. No person, after being rejected by the Senate, shall be again nomi- Persons nated for the same office at the same session, unless at the request of the Senate; be appointed. or, be appointed to the same office during the recess of the legislature.

Time of nomi


24 Md. 202.

SEC. 13. All civil officers appointed by the governor and Senate, shall be nominated to the Senate within fifty days from the commencement of each regular session of the legislature; and their term of office, except in cases otherwise provided for in this Constitution, shall commence on the first Monday of May next ensuing their appointment, and continue for two years (unless removed from office), and until their successors, respectively, qualify according to law; but the term of office of the inspectors of tobacco shall commence on Term of office. the first Monday of March next ensuing their appointment.

SEC. 14. If a vacancy shall occur during the session of the Senate, in any Vacancy during office which the governor and Senate have the power to fill, the governor shall session. nominate to the Senate before its final adjournment, a proper person to fill said vacancy, unless such vacancy occurs within ten days before said final adjourn


41 Md. 137. 14 Md. 215.

SEC. 15. The governor may suspend or arrest any military officer of the Courts-martial. State for disobedience of orders, or other military offence; and may remove him in pursuance of the sentence of a court-martial; and may remove for incompetency or misconduct, all civil officers who received appointment from the executive for a term of years.

SEC. 16. The governor shall convene the legislature, or the Senate alone, on extraordinary occasions; and whenever from the presence of an enemy, or from any other cause, the seat of government shall become an unsafe place for the meeting of the legislature, he may direct their sessions to be held at some other convenient place.

Extra sessions

of legislature.

SEC. 17. To guard against hasty or partial legislation and encroachments of Veto power. the legislative department upon the co-ordinate executive and judicial departments, every bill which shall have passed the House of Delegates and the Senate, shall, before it becomes a law, be presented to the governor of the State; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large


on its journal, and proceed to reconsider the bill; if, after such reconsidera- Three-fifths of tion, three-fifths of the members elected to that house shall pass the bill, it shall each House may be sent with the objections to the other house, by which it shall likewise be passa vetoed reconsidered, and if passed by three-fifths of the members elected to that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and Yeas and nays. against the bill, shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within six days (Sundays ex- Veto within six days. cepted), after it shall have been presented to him, the same shall be a law in

Governor to

examine treasury accounts.



Pardoning power.

like manner as if he signed it; unless the General Assembly shall, by adjournment, prevent its return, in which case it shall not be a law.

SEC. 18. It shall be the duty of the governor, semi-annually (and oftener, if he deem it expedient) to examine under oath the treasurer and comptroller of the State on all matters pertaining to their respective offices; and inspect and review their bank and other account books.

SEC. 19. He shall, from time to time, inform the legislature of the condition of the State, and recommend to their consideration such measures as he may judge necessary and expedient.

SEC. 20. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases in which he is prohibited by other articles of this Constitution; and to remit fines and forfeitures for offences against the State; but shall not remit the principal or interest of any debt due the State, except in cases of fines and forfeitures; and before granting a nolle prosequi, or parNotice in news- don, he shall give notice, in one or more newspapers, of the application made


Reports to legislature.

Residence and salary.

A secretary of

1853, c. 448.

1858, c. 32.

His duties.

for it, and of the day on, or after which, his decision will be given; and in every case in which he exercises this power, he shall report to either branch of the legislature, whenever required, the petitions, recommendations, and reasons which influenced his decision.

SEC. 21. The governor shall reside at the seat of government, and receive for his services an annual salary of four thousand five hundred dollars.

SEC. 22. A secretary of state shall be appointed by the governor, by and with the advice and consent of the Senate, who shall continue in office, unless sooner removed by the governor, till the end of the official term of the governor from whom he received his appointment, and receive an annual salary of two thousand dollars, and shall reside at the seat of government; and the office of private secretary shall thenceforth cease.

SEC. 23. The secretary of state shall carefully keep and preserve a record of all official acts and proceedings, which may at all times be inspected by a committee of either branch of the legislature; and he shall perform such other duties as may be prescribed by law, or as may properly belong to his office, together with all clerical duty belonging to the executive department.





1. Who keeper of the great seal of the State;
who to use the same and when.

2. Seal not to be affixed without governor's sig-

3. Governor to sign and seal patents.

4. To affix great seal to copies of laws and

5. Shall issue death warrant, when.

6. Upon notice required, may commute sen-
tence of death, or may pardon, or remit
on conditions.

7. Person pardoned on condition of leaving
the State, returning.

8. Insane or lunatic convicts.

9. Governor may remit forfeited recognizance.

10. Remitting fine not belonging to informer. 11. Nolle prosequi.

12. Remitting fine imposed by a court-martial.

13. Complaint against civil or military officer; witnesses.

14. Copy of complaint; notice.

15. Costs; enforcement of payments.
16. Returns of elections for electors of presi-
dent and vice-president, United States;

17. Officers and soldiers, Maryland volunteers
in war with Mexico; official discharge.
18. Malignant or contagious disease; quaran-

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