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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 18   View pdf image (33K)
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inoval in all civil causes be confined to an ad-
joining county within the judicial circuit, ex-
cept as to the city of Baltimore, where the re-
moval may be to an adjoining county, for
trial, which court shall hear and determine
the same in like manner as if such suit or ac-
tion, issues or petitions, presentment or
indictment, had been originally instituted
therein; and provided also, that such sugges-
tion shall be made as aforesaid, before or du-
ring the term in which the issue or issues
may be joined in said suit or action, issues or
petition, presentment or indictment, and that
such further remedy in the premises n ay be
provided by law, as the legislature shall from
time to time direct and enact.
Sic. 29. All elections of judges, and other
officers provided for by this Constitution, shall
be certified, and the returns made by the
clerks of the respective counties to the Gov-
ernor, who shall issue commissions to the
different persons for the offices to which they
shall have been respectively elected; and in
all such elections, the person having the
greatest number of votes, shall be declared to
lie 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 dele-
gates, who shall judge of the election and
qualification of the candidates at such elec-
SEC. 31. Every person of good moral char-
acter, being a voter, shall be admitted to
practice law in all the courts of law in this
State, in his own case.
SECTION 1. There shall be an attorney for
the State in each county and the city of Balti-
more, to be styled "the State's attorney,"
who shall be elected by the voters thereof, re-
spectively, on the first Wednesday of Novem-
ber next, and on the same day of every fourth
year thereafter, and hold his office for four
years from the first Monday of January next
ensuing his election, and until his successor
shall be elected and Qualified, and shall here-
eligible thereto, and be subject to removal
therefrom for incompetency, wilful neglect
of duty or misdemeanor in office, on convic-
tion in a court of law.
SEC. 2. All elections for the State's attor-
ney 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 persons elected.
SEC. 3. The State's attorney shall perform
such duties and receive such fees and com-
missions 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 re-
moved from office.
SEC. 4. No person shall bo eligible to the
office of State's attorney who has not been ad-
mitted 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
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 hereinbefore
specified, the said vacancy shall be filled by
the judge of the county or city, respectively,
having criminal jurisdiction in which said
vacancy shall occur, until the election and
qualification of his successor; at which elec-
tion said vacancy shall be filled by the voters
of the said county or city, for the residue of
the term thus made vacant.
SEC. 6. It shall be the duty of the clerk of
the court of appeals, and the commissioner
of the land office, respectively, whenever a
case shall be brought into said court or office,
in which the State is a party, or has an inter-
est, immediately to notify the Governor there-
SECTION 1. There shall be a treasury de-
partment, consisting of a comptroller, chosen
by the qualified electors of the State, at each
election of members of the house of delegates,
who shall receive an annual salary of two
thousand five hundred dollars; and of a
treasurer, to be appointed by the two houses
of the legislature, at each session thereof, on
joint ballot, who shall also receive an annual
salary of two thousand five hundred dollars;
and neither of the said officers shall be allow-
ed or receive any fees, commissions, or per-
quisites of any kind, in addition to his salary,
for the performance of any duty or service
whatever, in case of a vacancy in either of
the offices, by death or otherwise, the Gov-
ernor, by and with the advice and consent of
the senate, shall fill such vacancy by appoint-
ment, to continue until another election by
the people, or a choice by the legislature, as
the case may be, and the qualification of the
successor. The comptroller and the treasurer
shall keep their offices at the seat of government,
and shall take such oath, and enter
into such bonds, for the faithful discharge of
their duties, as the legislature shall prescribe.

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 18   View pdf image (33K)
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