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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 932   View pdf image
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28

the person having the greatest number of votes, shall be declared
to be elected.
SEC. 30. If in any case of election for judges, clerks of the
courts of law and registers of wills, the opposing candidates shall
have an equal number of votes, it shall be the duty of the
Governor to order a new election; and in case of any contested
election, the Governor shall send the returns to the House of
Delegates, who shall judge of the election and qualification of
the candidates at such election.
SEc. 31. Every person of good moral character, being a voter,
shall be admitted to practice law in all the courts of law in this
State, in his own case.

ARTICLE V.—THE STATE'S ATTORNEYS.
SECTIONS 1. There shall be an Attorney for the State in each
county and the city of Baltimore, to be styled "The State's Attor
ney," who shall be elected by the voters thereof, respectively, on
the first Wednesday of November next, and on the same day every
fourth year thereafter, and hold his office for four years from the first
Monday of January next ensuitig his election, and until his succes
sor shall be elected and qualified, and shall be re-eligible thereto,
and be subject to removal therefrom for incompetency, wilful
neglect of duty or misdemeanor in office, on conviction in a court
of law.
SEC. 2. 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 shall be to decide upon the elections and qualifica
tions 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 per
sons elected.
SEC. 3. The State's Attorney shall perform such duties and re
ceive such fees and cnmmissiops as are now prescribed by law for
the Attorney General and his Deputies, and such other duties, fees
and commissions as 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.
SEC. 4. No person shall be eligible to the office of State's Attor
ney who has not been admitted to practice the 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. 5. 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 before specified, the said
vacancy shall be filled by the Judge of the county or city respec
tively, having criminal jurisdiction in which said vacancy shall
occur, until the election and qualification of his successor; at which
election said vacancy shall be filled by the voters of the said county
or city, for the residue of the term thus made vacant.


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 932   View pdf image
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