624

Decided in the affirmative.

The question recurring upon the adoption of the section as
amended, to wit:

Sec. 37. The Governor by and with the advice and consent
of the Senate, shall appoint such number of Justices of the
Peace, and the County Commissioners of the several counties,
and the Mayor and Council of the city of Baltimore shall
appoint such number of Constables for the several Election
Districts of the counties and Wards of the city of Baltimore,
as are now or may hereafter be prescribed by law, and Justi-
ces of Peace and Constables so appointed shall be subject to
removal by the Judge having criminal jurisdiction in the
county or city, for incompetency, willful neglect of duty,
or misdemeanor in office, on conviction in a Court of law.
The Justices of the Peace and Constables so appointed and
commissioned, shall be conservators of the peace, shall bold
their office for two years, and shall have such jurisdiction,
duties and compensation, subject to such right of appeal, as
hath been heretofore exercised, or shall be hereafter prescrib-
ed by law

Mr. Thomas demanded the yeas and nays.
The demand being sustained,

The yeas and nays were called, and appeared as follows:
AFFIRMATIVE.

Messrs. Galloway, Nyman,

Goldsborough, P't Greene, Purnell,

Abbott, Hatch, Russell,

Annan, Hebb, Schley,

Audoun, Hollyday, Scott,

Baker, Hopkins, Smith, of Wor.,

Bond, Hopper, Stirling,

Chambers, Lee, Stockbridge,

Cunningham, Markey, Swope,

Cushing, McComas, Sykes,

Daniel, Miller, Thomas,

Earle, Mullikin, Todd,

Farrow, Murray, Valliant—38.

NEGATIVE.

Messrs. Hoffman, Parker,

Billingsley, Keefer, Parran,

Blackiston, Kennard, Sneary,

Briscoe, King, Turner,

Davis, of Wash., Larsh, Wickard,

Duvall, Morgan, Wooden—19.

Ecker, Negley,