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or shall be hereafter prescribed by law.

SEC. 43. In the event of a vacancy in the office of a Justice of the
Peace the Governor shall appoint a person to serve as a Justice of the
Peace for the residue of the term; and in case of a vacancy in the office
of Constable the County Commissioners of the county in which the
vacancy occurs, or the Mayor and City Council of Baltimore, as the case
may be, shall appoint a person to serve as Constable for the residue of
the term.

Part VII.— Sheriffs.

SEC. 44. There shall be elected in each county, and in the city of
Daltimore, in every second year, one person, resident in said county or
city, above the age of twenty-five years, and at least five years preceding
his election, a citizen of this State, to the office of Sheriff. He shall hold
his office for two years, and until his successor is duly elected and quali-
fied; shall be ineligible for two years thereafter; shall give such bond,
exercise such powers and perform such duties as now are or may hereafter
be fixed by law. In case of a vacancy by death, resignation, refusal to
serve, or neglect to qualify, or give bond, or by disqualification, or removal
from the county or city, the Governor shall appoint a person to be
Sheriff for the remainder of the official term.

SEC. 45. Coroners, Elisors and Notaries Public may be appointed for
each county and the city of Baltimore in the manner, for the purpose,
and with the powers now fixed or which may hereafter be prescribed by
law.



ARTICLE V.

ATTORNEY GENERAL AND STATE'S ATTORNEYS.
Attorney General.

SECTION 1. There shall be an Attorney General elected by the quali-
fied voters of the State, on general ticket, on the Tuesday next after the
first Monday in the month of November, 1SG7, and on the same day, in
every fourth year thereafter, who shall hold his office for four years from
the time of his election and qualification, and until his successor is elected
and qualified, and shall be re-eligible thereto, and shall be subject to re-
moval for incompetency, wilful neglect of duty, or misdemeanor in office,
on conviction in a court of law.

SEC. 2. All elections for Attorney General shall be certified to, and
returns made thereof by the clerks of the circuit courts for the several
counties, and the Clerk of the Superior Court of Baltimore City, to the
Governor of the State, whose duty it shall be to decide on the election



348 CONSTITUTION OF THE

and qualification of the person returned; and in case of a tie between two
or more persons, to designate which of said persons shall qualify as At-
torney General, and to administer the oath of office to the person elected.

SEC. 3. It shall be the duty of the Attorney General to prosecute and
defend on the part of the State, all cases, which at the time of his ap-
pointment and qualification and which thereafter may be depending in the
Court of Appeals, or in the Supreme Court of the United States, by or
against the State, or wherein the State may be interested; and he shall
give his opinion in writing whenever required by the General Assembly,
or either branch thereof, the Governor, the Comptroller, the Treasurer,
or any State's Attorney, on any legal matter, or subject depending before
them, or either of them; and when required by the Governor, or the
General Assembly, he shall aid any State's Attorney in prosecuting any
suit or action brought by the State in any court of this State; and he shall
commence and prosecute, or defend, any suit or action in any of said
courts, on the part of the State, which the General Assembly, or the
Governor, acting according to law, shall direct to be commenced, prose-
cuted or defended; and he shall receive for his services an annual salary
of $3,000, but he shall not be entitled to receive any fees, perquisites, or
rewards, whatever, in addition to the salary aforesaid, for the performance
of any official duty; nor have power to appoint any agent, representative,
or deputy, under any circumstances, whatever; nor shall the Governor
employ any additional counsel in any case, whatever, unless authorized
by the General Assembly.

SEC. 4. No person shall be eligible to the office of Attorney General,
who is not a citizen of this 5.'tate, and a qualified voter therein, and has
not resided and practised law in this State for at least ten years.

SEC. 5. In case of vacancy in the office of Attorney General, occa-
sioned by death, resignation, removal from the State, or from office, or
other disqualification, the said vacancy shall be filled by the Governor,
for the residue of the term thus made vacant.

SEC. 6. It shall be the duty of the Clerk of the Court of Appeals and of
the Commissioner of the Land Office, respectively, whenever a case shall
be brought into said court, or office, in which the State is a party, or has
interest, immediately to notify the Attorney General thereof.



The State's Attorneys.

SEC. 7. There shall be an attorney for the State in each county, and the
city of Baltimore, to be styled "The State's Attorney," who shall be elected
by the voters thereof, respectively, on the Tuesday next after the first Mon-
day in November in the year 1S67, and on the same day every fourth
year thereafter; and shall hold his office for four years from the first Mon-
day in January next ensuing his election, and until his successor shall be
elected and qualified; and shall be re-cligible thereto, and be subject to
removal therefrom, for incompetency, wilful neglect of duty, or misde-



STATE OF MARYLAND n4(»

meanor in office, on conviction in a court of law, or by a vote of two-thirds
of the Senate, on the recommendation of the Attorney General.

SEC. 8. All elections for the State's Attorney shall be certified to, and
returns made thereof, by the clerks of the said counties and city, to the
Judges thereof having criminal jurisdiction, respectively, whose duty it
sliall be to decide upon the elections and qualifications of the persons
returned; and in case of a tie between two or more persons, to designate
which of said persons shall qualify as State's Attorney, and to administer
the oaths of office to the person elected.

SEC. 9. The State's Attorney shall perform such duties and receive such
fees and commissions as are now, or may hereafter be prescribed by law,
and if any State's Attorney shall receive any other fee or reward, than such
as is, or may be allowed by law, he shall, on conviction thereof, be removed
from office; provided, that the State's Attorney for Baltimore City shall
have power to appoint one deputy, at a salary of not more than $1,500 per
annum, to be paid by the State's Attorney out of the fees of his office, as
has heretofore been practised.

SEC. 10. No person shall be eligible to the office of State's Attorney,
who has not been admitted to practice law in this State, and who has not
resided for at least two years in the county or city in which he may be
elected.

SEC. 11. In case of vacancy in the office of State's Attorney, or of his
removal from the county or city in which he shall have been elected, or on
his conviction, as herein specified, the said vacancy shall be filled by the
Judge of the county or city, respectively, having criminal jurisdiction, in
which said vacancy shall occur, for the residue of the term thus made
vacant.

SEC. 12. The State's Attorney, in each county, and the city of Balti-
more, shall have authority to collect, and give receipt, in the name of
the State, for such sums of money as may be collected by him, and forth-
with make return of, and pay over the same, to the proper accountant
officer. And the State's Attorney of each county, and the city of Baltimore,
before he shall enter on the discharge of his duties, shall execute a bond
to the State of Maryland, for the faithful performance of his duties, in the
penalty of $10,000, with two or more sureties, to be approved by the Judge
of the court, haviiig criminal jurisdiction, in said counties or city.



ARTICLE VL

TREASURY DEPARTMENT.

SECTION 1. There shall be a Treasury Department consisting of a
Comptroller, chosen by the qualified electors of the State, at each regular
election of members of the House of Delegates, who shall receive an annual
salary of $2,500; and a Treasurer to be appointed by the two houses of the



350 CONSTITUTION OF THE

Legislature, at each regular session thereof, on joint ballot, who shall re-
ceive an annual salary of .1^2, 500; and the terms of office of the said Comp-
troller and Treasurer shall be for two years, and until their successors
shall qualify; and neither of the said officers shall be allowed, or receive
any fees, commissions or perquisites of any kind, in addition to his salary,
for the performance of any duty or services whatsoever. In case of a
vacancy in either of the offices, by death, or otherwise, the Governor, by
and with the advice and consent of the Senate shall fill such vacancy, by
appointment to continue until another election, or a choice by the Legis-
lature, as the case may be, and until the qualification of the successor. The
Comptroller and the Treasurer shall keep their offices at the seat of Gov-
ernment, and shall take such oath, and enter into such bonds for the faithful
discharge of their duties as are now, or may hereafter be, prescribed by
law*.

SEC. 2. The Comptroller shall have the general superintendence of
the fiscal affairs of the State; he shall digest and prepare plans for the
improvement and management of the revenue, and for the support of the
public credit; prepare and report estimates of the revenue and expenditures
of the State; superintend and enforce the prompt collection of all ta.\es
and revenue; adjust and settle, on terms, prescribed by law, with delin-
queiit collectors and receivers of taxes and State revenue; preserve all
public accounts; decide on the forms of keeping and stating accounts;
grant, under regulations, prescribed by law, all warrants for money to be
paid out of the treasury, in pursuance of appropriations by law; and
countersign all checks drawn by the Treasurer upon any bank or banks,
in vi'hich the moneys of the State may, from time to time, be deposited;
prescribe the formalities of the transfer of stock, or other evidence of the
State debt, and countersign the same, without which, such evidence shall
not be valid; he shall make to the General Assembly full reports of all his
proceedings, and of the state of the Treasury Department, within ten days
after the commencement of each session; and perform such other duties as
shall be prescribed by law.

SEC. 3. The Treasurer shall receive the moneys of the State, and, until
otherwise prescribed by law, deposit them, as soon as received, to the
credit of the State, in such bank, or banks, as he may, from time to time,
with the approval of the Governor, select (the said bank or banks giving
security, satisfactory to the Governor, for the safe keeping and forthcom-
ing, when required, of said deposits), and shall disburse the same for the
purposes of the State, according to law, upon warrants drawn by the
Comptroller, and on checks, countersigned by him, and not otherwise; he
shall take receipts for all moneys paid by him; and receipts for moneys re-
ceived by him shall be endorsed upon w^irrants, signed by the Comptroller;
without which warrants, so signed, no acknowledgment of money received
into the treasury shall be valid; and upon warrants, issued by the Comp-
troller, he shall make arrangements for the payment of the interest of the
public debt, and for the purchase thereof on account of the sinking fund.
Every bond, certificate, or other evidence of the debt of the State, shall be



STATE OF MARYLAND 3f^l

signed by the Treasurer, and countersigned by the Comptroller, and no new
certificate, or other evidence intended to replace another, shall be issued
until the old one shall be delivered to the Treasurer, and authority executed
in due form for the transfer of the same filed in his office, and the transfer
accordingly made on the books thereof, and the certificate or other evi-
dence cancelled; but the Legislature may make provisions for the loss of
certificates, or other evidences of the debt; and may prescribe by law,
the manner in which the Treasurer shall receive and keep the moneys of
the State.

SEC. 4. The Treasurer shall render his accounts quarterly to the Comp-
troller, and shall publish monthly in such newspapers as the Governor may
direct an abstract thereof, showing the amount of cash on hand, and the
place or places of deposit thereof; and on the third day of each regular
session of the Legislature he shall submit to the Senate and House of
Delegates fair and accurate copies of all accounts by him, from time to
time, rendered and settled with the Comptroller. lie shall at all times
submit to the Comptroller the inspection of


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Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 21 of 23)