WITH THE AMENDMENTS INGRAFTED.
lxi.
52. That every chancellor, judge, register
of wills, commissioner of the
loan office (k), sheriff, treasurer, naval officer, register of the land-office,
register
of the chancery court, and every clerk f the common law courts, surveyor,
and auditor of public accounts, before he acts as such, shall take an oath,
or affirmation
(l), that he will not, directly or indirectly, receive any fee or reward
for doing his office of _____, but what is or shall be allowed by law,
nor will,
directly or indirectly, receive the profits, or any part of the profits,
of any office
held by any other person, and that he does not hold the same office in
trust or
for the benefit of any other person.
53. That if any governor, chancellor, judge,
register of wills (m), register of
the land-office, commissioner of the loan-office, register of the chancery
court,
or any clerk of the common law courts, treasurer, naval officer, sheriff,
surveyor,
or auditor of public accounts, shall receive, directly or indirectly, at
any
time, the profits, or any part of the profits, of any office held by any
other person
during his acting in the office to which he is appointed, his election,
appointment
and commission, on conviction in a court of law by the oath, or affirmation
(n),
of two credible witnesses, shall be void, and he shall suffer the punishment
for wilful and corrupt perjury, or be banished this state for ever, or
disqualified for ever from holding any office or place of trust or profit,
as the
court may adjudge.
54. That if any person shall give any bribe,
present or reward, or any promise,
or any security for the payment or delivery of any money, or any other
thing, to obtain or procure a vote to be governor, senator, delegate to
congress
or assembly, member of the council, or judge, or to be appointed to any
of the
said offices, or to any office of profit or trust, now created, or hereafter
to be
created, in this state, the person giving, and the person receiving the
same, on
conviction in a court of law, shall be for ever disqualified to hold any
office of
trust or profit in this state.
55. That every person appointed to any office
of profit or trust shall, before
he enters on the execution thereof, take the following oath, or affirmation
(o),
to wit: " I, A. B. do swear, (or, I, A. B. do affirm) (o),
that I do not hold myself
bound in allegiance to the king of Great Britain, and that I will be faithful
and bear true allegiance to the state of Maryland;" and shall also subscribe
a declaration of his belief in the christian religion.
56. That there shall be a court of appeals,
composed of persons of integrity,
and sound judgment in the law, whose judgment shall be final and conclusive
in
all cases of appeal from the county courts (p), court of chancery,
and court of
admiralty, and the same shall be composed of the chief judges of the
several judicial
districts of the state (q); which said court of appeals shall hold,
use and exercise,
all and singular the powers, authorities and jurisdictions, heretofore
held,
used and exercised, by the court of appeals of this state, and also the
appellate jurisdiction
heretofore used and exercised by the general court (r); and the
said court
(k) The attorney general is omitted
for the reasons stated in note (g) to the 48th section.
(l) See the note to the 18th
section.
(m) For the omission of the attorney general,
before included, see note (g) to the 48th section.
(n) See note (w) to the 39th
section.
(o) See the note to the 18th section.
(p) A similar provision was
contained in the original section as to the general court, which
was abolished by the act of 1804, ch. 55, confirmed by 1805, ch. 16, and
the county courts are
substituted, an appeal being allowed from their judgments
to the court of appeals.
(q) This addition to the original
section is made under the act of 1804, ch. 55, confirmed by
1805, ch. 16.
(r) Every part of the constitution which related
to the court of appeals and the general court,
or the judges thereof, which had been established by this section, was
annulled by the same act
of 1804, ch. 55, confirmed by 1805, ch. 16.
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