« PředchozíPokračovat »
Legislature shall have previous- session and deliberative voice, ly presented certain & deter but no suffrage. minate pains. In this court the judges of the Genl Ct., & High Ct. of Chancy shall have session and deliberative voice but no suffrage.
All facts, in causes, whether All facts in causes whether Juries
of Chancery, Com of Chancery, Common, Ecclesi
mon, Ecclesiastical astical, or Marine law, shall or Marine law, shall be tried by be tried by a jury a jury upon evidence given viva
upon evidence given voce in open court; unless but vivâ voce, in open court : but where witnesses are out of the where witnesses are out of the colony' in which case their colony or unable to attend depositions may be used or through sickness or other inunable to attend through by vincible necessity, their deposithrough sickness or other invin
tion may be submitted to the cible necessity, their depositions credit of the jury. may be proposed submitted to the credit of the jury.
All Fines & Amercements shall All Fines or Amercements Fines be fixed-by-juries shall be assessed,
Fines, &c. and determined as & Terms of imprissessed and terms of imprison- onment for Contempts & Misment for Contempts shalt or demeanors shall be fixed by the misdemeanors shall be fixed by verdict of a Jury. the verdict of a jury.
All process original & judi All Process Original & JudiStite of cial process shall is cial shall run in the
Process process she run in the name name of the court [part lacking] which it issues. from which it issues. Two thirds of the mem Two thirds of the members
bers of the General of the General court, Quorum
Quorum Court, High court of High court of ChanChancery, or Court of Appeals cery, or Court of Appeals shall shall be a Quorum to proceed be a Quorum to proceed to to business.
IV. Rights, PRIVATE AND
PUBLIC. Unappropriated or Forfeited Unappropriated or Forfeited lands shall be appro•
lands shall be approLands
Lands priated by the Ad. priated by the Administrator and with the consent ministrator with the consent of of the privy council.
the Privy council. Fifty acres of la
Every male person of full Every person of full age neither age neither owning nor having owning nor having owned  owned  acres of land shall acres of land, shall be enbe entitled to an appropriation titled to an appropriation of of  acres or to so much as  acres or to so much as shall make up what he owns or shall make up what he owns or has owned  acres in full and has owned  acres in full absolute dominion.
and absolute dominion. And no other person shall be capable other person shall be capable of taking an appropriation. of taking an appropriation.
Lands heretofore holden of Lands heretofore holden of the crown in fee simple and the crown in fee simple, and those hereafter to be appropri- those hereafter to be appropriated shall be holden of nos ated shall be holden in full and perior by him in full and abso- absolute dominion, of no sulute dominion of no superior perior whatever. whatever. No lands shall be appropri
No lands shall be appropriated until purchased of the ated until purchased of the InIndian natives proprietors nor dian native proprietors ; nor shall any purchases be made of shall any purchases be made of them but on behalf of the public them but on behalf of the pubby authority of acts of the Gen- lic, by authority of acts of the eral assembly to be made passed General assembly to be passed for every purchase 'specially for every purchase specially.
[part lacking]contained with- The territories contained in the charters erecting the within the charters erecting the colonies of Maryland, Pennsyl- colonies of Maryland, Pennsylvania, North & South Carolina, vania, North and South Caroare hereby ceded & released and lina, are hereby ceeded, re
forever confirmed to the people leased, & forever confirmed to of those pro colonies respective the people of those colonies ly with all the rights of jurisdie respectively, with all the rights tion and property, jurisdiction of property, jurisdiction and & and government and all other
government and all other rights rights whatsoever claimed now whatsoever which might at of which might at any time here. any time heretofore have been tofore have been claimed by claimed by this colony. The this colony. The Western and Western and Northern extent Northern extent of this coun of this country shall in all other try shall in all other respects respects stand as fixed by the stand as feseribed fixed by the charter of Charter of until by act of the Legislature until by act of the Legislature any new territory of one or
one or more territories shall be more territories shall be laid off
laid off Westward of the AlleWestward of the Alleganey ghaney mountains for new colmountains for the establishment
onies, which colonies shall be of any new colony of colonies, established on the same fundawhich colony of colonies when
mental laws contained in this established shall be free and instrument, and shall be free independent of this & shell shall
and independent of this colony be established on the same fun and of all the world. damental laws contained in this instrument & shall be free & independent of this colony and of all the world.
Descents shall go according Descents shall go according to the laws of Gavelkind, save to the laws Gavelkind, save only that females shall have only that females shall have equal rights with males. equal rights with males. No person hereafter coming No person hereafter coming
into this country into this county shall Slaves
Slaves shall be held in be held within the slavery under any pretext what- same in slavery under any preever.
text whatever. All persons who by their All persons who by their own oath or affirmation or by own oath or affirmation, or by
Naturaliza- other testimony shall other testimony shall
give satisfactory give satisfactory tion proof to any court of record proof to any court of record in this colony that they pur- in this colony that they propose to reside in the same pose to reside in the same  years at the least and who  years at the least and who shall subscribe the fundamen- shall subscribe the fundamental laws shall be considered as tal laws, shall be considered # residents. & entitled to all as residents and entitled to all the rights of + persons natural the rights of persons natural born.
born. All persons shall have full & All persons shall have full
free liberty of reli- and free liberty of Religion
Religion gious opinion; nor religious opinion ; shall any be compelled to fre- nor shall any be compelled to quent or maintain any religious frequent or maintain any reliinstitution. But this shall not gious institution. be held to justify any sedi tous preaching or conversation against the authority of the civil government. No freeman shall be debarred No freeman shall be debarred the of arms the
of arms Arms
Arms [within his
(within his lands or tenements].
lands]. There shall be no standing There shall be no standing Standing army but in time of
army but in time of
Standing Army actual war.
Armies Printing presses shall be free, Printing presses shall be free,
except so far as by
Free Press ing] of private in- commission of prijury they may give cause (part vate injury cause may be given lacking] action.
of private action. All forfeitures heretofore go- All Forfeitures heretofore Forfeitures ing to the king shall going to the king,
Forfeitures go to the state, save shall
the state ; only such as the legislature may
save only such as the legislature hereafter abolish.
may hereafter abolish.
Free Press except so [ part lack
The royal claim to Wrecks, The royal claim to Wrecks,
Waifs, Strays, Treas- waifs, strays, treasWrecks,&c.
Wrecks ure-trove, royal ure-trove, royal mines, royal fish, royal birds mines, royal fish, royal birds, are declared to have been usur- are declared to have been usurpations on the common right. pations on common right. No salaries or perquisites No Salaries or Perquisites
shall be given to shall be given to Salaries, &c.
Salaries any officer but by any officer but by act of the legislature. No sal- some future act of the legislaaries shall be given to the Ad- ture. No salaries shall be given ministrator, members of the to the Administrator, members house of Representatives, Legis- of the legislative houses, judges lative houses, judges of the of the court of Appeals, judges court of appeals, justices of the of the County courts, or other peace, members of the privy inferior jurisdictions, Privy council, judges of the County counsellors, or Delegates to the courts or other inferior jurisdic- American Congress : but the tions, Privy counsellors, or dele- reasonable expences of the Adgates to the American Con
ministrator, members of the gress. But the reasonable ex- house of representatives, judges pences of the Administrator, of the court of Appeals, Privy members of the house of Rep- counsellors, & Delegates for resentatives, judges of the court subsistence while acting in the of Appeals, members of Privy duties of their office, may be counsellors & Delegates for
borne by the public, if the subsistence while acting in the legislature shall so direct. duties of their office may shalt be borne by the public if the Legislature shall so direct,
The Qualifications of all offi- No person shall be capable Qualificns cers Civil, military
of acting in any office Civil, of officers Executive Judiciał Military [or Ecclesiastical] Civil, military & Ecclesiastical The Qualifications Qualificashall be an oath of fidelity to of all not otherwise the governm state and the hay- directed, shall be an oath of ing given no bribe to obtain fidelity to state and the having their office.
given no bribe to obtain their