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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 518   View pdf image
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518
be entitled to receive the emoluments and fees,
appertaining to the said offices respectively.
They shall be commissioned by the Governor,
and shall hold their offices for the term of six
years; and until their successors shall have been
elected and qualified; the time, place and man-
ner of holding said election, and making returns
thereof, and the mode of determining contested
elections for said officers shall be prescribed by
law, and in case of the death, resignation or dis-
qualification of any Clerk or Register, a new
election shall be held as aforesaid, at the next
general election for delegates to the General As-
sembly; and in the mean time the judge or judges
of the district in which said vacancy may occur
shall immediately appoint a person having the
qualifications aforesaid to fill said vacancy; and
the person so appointed shall be Register of
Wills, or Clerk as the case may be, for the coun-
ty or city for which he may be appointed; and
shall hold said office, discharge the duties, and
be entitled to the fees and emoluments thereof,
according to law, until the election and qualifica-
tion of his successor; and the Clerk for the. dis-
trict court for Baltimore city shall in addition to
his other duties in like manner perform the duties
and be entitled to the fees of the clerk of Baltimore
city court; and the General Assembly shall
have full power to enlarge, alter or change the
powers and duties of the said Clerks and Regis-
ters, prescribe the mode of qualifying, and fix
determine or alter their fees or compensation.
Sec. 14. Justices of the Peace of this State for
the several counties and the city of Baltimore
shall be elected by the qualified voters of the
county or city for which the election may be
held, and shall hold their offices for the term of
two years, and until their successors shall have
been elected, and shall have qualified; and the
General Assembly shall, by law, prescribe the
number of Justices of the Peace for each county
and city; their duties and emoluments; the time,
place, and manner of holding elections, the mode
of making returns thereof, rules for determining
contested elections; for certifying the election
and qualifications of the persons elected; and for
filling vacancies which may occur; but no person
shall be a Justice of the Peace for any county or
city, who shall not be entitled to vote therein at
the lime of his election
Sec. 15. Constables, Coroners and Elizors shall
be appointed as now prescribed by law, or in such
manner as the General Assembly may direct,
Sec. 16. Sheriffs shall beelected in each coun-
ty, and in the city of Baltimore every fourth
year, that is to say, two persons for the office of
Sheriff or 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, or 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 four years, such person
shall be ineligible for the five years next suc-
ceeding; 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 four years ;
the other person chosen as aforesaid shall be
commissioned by the Governor to execute the
said office for the residue of the said four years,
the said person giving bond with security as
aforesaid. No person shall be eligible to the of-
fice of sheriff 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 return to the Go-
vernor with a certificate of the number of ballots
for each of them.
Sec. 17. The General Assembly shall have
power to lax clerks of the District Courts, Re-
gisters of Wills and the clerk of the court of Ap-
peals; but all such taxes shall be in equal pro-
portion, as far as praticable, according to the ac-
tual value of said office respectively.
Sec. 18. The Judges of the several county
courts, Baltimore city court and the Orphan's
Court of the several counties, Justices of the
Peace, Registers of Wills and clerks of county
courts of the several counties and Baltimore city
court who may lie in office at the time of the
adoption of this Constitution, shall remain in of-
fice, and continue to discharge the duties of their
respective offices, until the appointment or elec-
tion and qualification of the Judges, Justices of
the Peace, Registers of Wills and Clerks, pro-
vided for by this Constitution and no longer; and
the first election of Clerks, Registers, Justices of
the Peace and Sheriffs, and all other officers,
whose election by the people is provided for in
this article of the Constitution, shall take place
throughout this State on of
in the year eighteen hundred and fifty-two.
Sec. 19. To facilitate the dispatch of business
in the Orphans' courts of this State, the General
Assembly shall by law prescribe rules of practice in
the said courts; enlarge and define the powers and
duties of registers of wills, and authorise them to
pass such orders as may be necessary and pro-
per, to bring any cause, suit or business depend-
ing in the said courts to a final hearing, and de-
termination; but no order, act or proceeding of
the registers of wills of a judicial nature, shall
be final and conclusive until ratified, and con-
firmed by the court.
ESTIMARES:
1st. Of the cost of the Judiciary system, here
by proposed:
Four Judges of the Court of Appeals
at $2,200 each, - - - $8,80000
Eleven District Judges at $3,500
each, - - - - -- 27,500 00
Whole cost per annum, when in
full operation, - - - - $35.300 00
2nd. Of the cost of the present Judi-
ciary of this State, including the
supposed cost of two hundred and
sixty-nine Justices of Magistrates'
courts, which are reported to be now


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 518   View pdf image
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  << PREVIOUS  NEXT >>


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