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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
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xii.            THE CONSTITUTION OF MARYLAND.

three of them, be judges of the election, appoint the place in the said city for holding
the same, and may adjourn from day to day as aforesaid, and shall make
return thereof as aforesaid; but the inhabitants of the said city shall not be entitled
to vote for delegates for Anne-Arundel county, unless they have a freehold of
fifty acres of land in the county, distinct from the city (m).

    5.  That all persons, inhabitants of Baltimore town (n), and having the same
qualifications as electors in the county, shall, on the same first Monday of October
seventeen hundred and seventy-seven, and on the same day in every year for ever
thereafter, at such place in the said town as the judges shall appoint (o), elect viva
voce
(p), by a majority of votes, two delegates, qualified as aforesaid; but if the
said inhabitants of the town (q), shall so decrease, as that the number of persons
having right of suffrage therein shall have been, for the space of seven
years successively, less than one half of the number of voters in some one county
in this state, such town thenceforward shall cease to send two delegates or representatives
to the house of delegates, until the said town shall have one half
of the number of voters in some one county in this state.

    6.  That the commissioners of the said town, or any three or more of them, for
the time being, shall be judges of the said election, and may adjourn as aforesaid,
and shall make return thereof as aforesaid
(r); but the inhabitants of the said
town shall not be entitled to vote for or be elected delegates for Baltimore county,
neither shall the inhabitants of Baltimore county, out of the limits of Baltimore
town, be entitled to vote for or be elected delegates for the said town.

    7.  That on refusal, death, disqualification, resignation, or removal out of
this state, of any delegate, or on his becoming governor or member of the
council, a warrant of election shall issue by the speaker for the election of another
in his place, of which ten days notice at the least, excluding the day of notice
and the day of election, shall be given
(s).

    8.  That not less than a majority of the delegates, with their speaker, (to
be chosen by them by ballot,) constitute a house for the transacting any business
other than that of adjourning.
 
    9.  That the house of delegates shall judge of the elections and qualifications
of delegates.

    (m)  This part of the constitution was abolished by the act of November 1809, ch. 38, confirmed
by 1810, ch. 49, whereby the right of persons having such freehold in the county was taken
away.

    (n)  See notes (a) and (c) to the second section.
    (o)  See note (d) to the second section.
    (p)  See note (e) to the second section.
    (q)  See note (n).
    (r)  This section of the constitution, by which the commissioners of Baltimore town were made
judges of the election for delegates therein, was altered in that respect by 1797, ch. 57, confirmed
by 1798, ch. 2, which declared, that the Mayor and Second Branch of the City Council, or
any three or more of them, for the time being, should be judges thereof; which part of the constitution
was abrogated by the acts which have been referred to of 1798, ch. 115, and 1799,
ch. 48.

    (s)  By the act of 1798, ch. 115, confirmed by 1799, ch. 48, the parts of the 2d, 3d, 5th, 14th, and
42d sections of the constitution, which related to the judges, place, time and manner, of holding
elections for the delegates, &c. were abrogated, and the same were to be regulated by law.  The 7th
section is not mentioned therein, but under the last part of the provision it has been considered,
that elections to fill vacancies were included, and that they are to be regulated by law, (as to the
judges, place, time and manner,) instead of being a part of the constitution, except in the city
of Annapolis, to which the said acts did not extend.  Accordingly it will be seen, that a provision
was made on this subject by the act of 1799, ch. 50, to regulate elections, in the 6th section,
which was re-enacted verbatim in the 35th sec. of the act of 1805, ch. 97, entitled, " An act to reduce
into one the several acts of assembly respecting elections, and to regulate said elections."


 

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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 12   View pdf image (33K)
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