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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 266   View pdf image
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266


tion district of every county in the State, and two in each ward of
the city of Baltimore, to be elected by a plurality vote of the quali
fied voters in each of said districts and wards respectively, who
shall hold their offices for two years from the time of their elec
tion and until a successor in office is elected. They shall be by
virtue of their offices, conservators of the peace in the said coun
ties and city respectively, and shall have such civil and criminal
jurisdiction as shall be provided for by law. In the event of a
vacancy in the office of a Justice of the Peace, a new election
shall be held under the directions of the Sheriff of the county or city
where such vacancy occurs, upon ten days notice thereof; an ap
peal shall be in all civil cases from the judgernent of a Justice of
the Peace, to the judges of the County Courts and of the Court
of Common Pleas for Baltimore city, as the case may be, and on
all such appeals either party shall be entitled to a trial by jury
where the amount in controversy shall be above ten dollars.
Sec. 22. Sheriffs shall be elected in each county and in the city
of Baltimore, every third year, that is to say: two persons for the
office of sheriff for each county, and two for the said city, the one
of whom having the highest number of votes of the qualified voters
of said county or city, o if both have an equal number, either of
them, at the discretion of the Governor, to be commissioned by the
Governor for the said office, and having served for three years,
such person shall be ineligible for the four years next succeeding;
bond with security to be taken every year as usual, and no sheriff
shall be qualified to act before the same be given. In case of
death, refusal, disqualification or removal out of the county, before
the expiration of the three years, the other person chosen as afore
said shall be commissioned by the Governor to execute the said
office for the residue of the said three years, the said person giving
bond with security as aforesaid. No person shall be eligible to the
office of SheriIr, but a resident of such county or city respectively,
and, who shall have been a citizen of this State at least five years
preceding his election and above the age of twenty-one years. The
two candidates properly qualified having the highest number of
legal ballots, shall be declared duly elected for the office of sheriff
for such county or city, and returned to the Governor with a certi
ficate of the number of ballots for each of them.

Sec. 23. Constables, Coroners and Elisors shall be appointed
for each county and the city of Baltimore, in the manner now
prescribed by law, or in such other manner as the General Assem
bly may hereafter direct.

Sec. 24. No Judge shall sit in any case wherein he may be in.
terested, or where either of the parties may be connected with him
by affinity or consanguinity within such degrees as may be pre
scribed by law, or where he shall have been of council in the cause,
and whenever any of the judges ofthe county courts or of the courts
of Baltimore city, shall be thus disqualified, or whenever by reason
of sickness or any other cause, the said judges or any of them may
be unable to sit in any cause, the parties may, by consent, appoint a


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 266   View pdf image
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