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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 138   View pdf image (33K)
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138
of Law or on a vote of two-thirds of the Senate on there com-
mendation of the Attorney General.
Sec. 7. All elections for the State's Attorney shall be cer-
tified, to and returns made thereof by the clerks of the said
counties and city, to the Judges thereof having criminal ju-
risdiction, respectively, whose duty it shall 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. 8. The State's Attorney shall perform such duties and
receive such fees and commissions as are now or may here-
after be prescribed by law, and retain for his services out' of
such fees and commissions a sum not exceeding five' thousand
dollars in any one year, and if any State's Attorney shall
receive any other fee or reward than such as is or may be al-
lowed by law, he shall, on conviction thereof, be removed
from office; provided, that the State's Attorney for Balti-
more city shall have power to appoint one duputy, at a salary
of not more than fifteen hundred dollars per annum, to be
paid by the State's Attorney out of the fees of his office, as
has heretofore been practiced.
Sec. 9. 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 one year in the
county or city in which he may be elected.
Sec, 10. In case of vacancy in the office of State's Attor-
ney, or of his removal from the county or city in which he
shall have been elected, or on his conviction as herein speci-
fied, the said vacancy shall be filled by the Judge of the
county or city respectively, havfng criminal jurisdiction in
which said vacancy shall occur, for the residue of the term
thus made vacant.
Sec. 11. The State's Attorney in each county and the city
of Baltimore 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 forthwith make return of and pay over
the same to the proper accounting 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 ten thousand dollars, with
two or more securities, to be approved by the Judge of the
Court having criminal jurisdiction in said counties or city.
Which was read the first time, and ordered to be printed.


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 138   View pdf image (33K)
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