repealed: Provided, nothing herein contained
shall be construed to alter, change or amend
in any manner, the section in relation to
banks.
Sec. 52. The governor, comptroller and
treasurer of the State are hereby authorized,
conjointly, or any two of them, to exchange
the State's interest as stock holder and creditor
in the Baltimore and Ohio railroad company
for an equal amount of the bonds or registered
debt now owing by the State; and subject to
such regulations and conditions as the gen-
eral assembly may from time to time pre-
scribe, to sell the State's interest in the other
works of internal improvement, whether as a
stockholder or a creditor; also, the State's
interest in any banking corporation, and re-
ceive in payment the bonds and registered
debt now owing by the State, equal in amount
to the price obtained for the State's said in-
terest; Provided, that the interest of the State
in the Washington branch of the Baltimore
and Ohio railroad be reserved and excepted
from sale; and, provided further, that no
sale or contract of sale of the State's interest
in the Chesapeake and Ohio canal, the Ches-
apeake and Delaware canal, and the Susque-
hanna and Tide-Water canal companies shall
go into effect until the same shall be ratified
by the ensuing general assembly.
Sec. 53. The general assembly before au-
thorizing the sale of the State's interest in the
Chesapeake and Ohio canal, and before pre-
scribing regulations and conditions for said
sale, shall pass all laws that may be necessa-
ry to authorize the counties of Allegany,
Washington, Frederick and Montgomery, or
any one of them, to create a debt by the issue
of bonds or otherwise, so as to enable them,
or any of them to become the purchasers of
said interest.
Sec. 54. The general assembly shall have
power to regulate by law, not inconsistent
with this constitution, all matters which re-
late to the judges of election, time, place and
manner of holding elections in this State, and
of making returns thereof.
Sec. 55. The general assembly shall have
power to pass all such laws as may be neces-
sary and proper for carrying into execution
the powers vested by this constitution, in
any department or office of the government,
and the duties imposed upon them thereby.
ARTICLE IV.
JUDICIARY DEPARTMENT.
Part 1.— General Provisions.
Section 1, The judicial power of this State
shall be vested in a court of appeals, circuit
courts, orphans' courts, such courts for the
city of Baltimore as may be hereinafter pre-
scribed or provided for, and justices of the
peace; all said courts shall be courts of record,
and each shall have a seal, to be used in the
authentication of all process issuing from |
them. The process and official character of
justices of the peace shall be authenticated as
hath heretofore been practiced in this State,
or may hereafter be prescribed by law.
Sec. 2. The judges of the several courts,
except the judges of the orphans' courts, shall
be citizens of the United States, and residents
of this State, not less than five years next pre-
ceding their election, or appointment by the
executive in case of a vacancy; and not less
than one year next preceding their election or
appointment) residents in the judicial district
or circuit, as the case may be, for which they
may be elected or appointed; they shall be
not less than thirty years of age at the time
of their election, and selected from those who
have been admitted to practice law in this
State, and who are most distinguished for
integrity, wisdom and sound legal knowledge.
Sec. 3. The judges of the court of appeals
shall be elected by the qualified voters of the
State; and the governor, by and with the
advice and consent of the senate, shall designate
the chief justice; and the judges of the
judicial circuits shall be elected by the quali-
fied voters of their respective circuits; each
judge of the court of appeals and of each ju-
dicial circuit shall hold his office for the term
of fifteen years, from the time of his election,
or until he shall have attained the age erf sev-
enty >ears, whichever may first happen, and
be re-eligible thereto until he shall have attained
the age of seventy years, and not
after-
Sec. 4, Any judge shall be removed from
office by the governor on conviction in a
court of law, of incompetency, of wilful neg-
lect of duty, misbehavior in office, or any
other crime; or on impeachment according to
this constitution, or the laws of the State; or
on the address of the general assembly, two-
thirds of each house concurring in such ad-
dress, and the accused having been notified of
the charges against him, and had opportunity
of making his defence.
Sec. 5 in case of the death, resignation,
removal, or other disqualification of a judge
of any court of this State, except of the or-
phans' courts, the governor, by and with the
advice and consent of the senate, shall there-
upon appoint a person duly qualified to fill
said office until the next general election
thereafter, whether for members of the gen-
eral assembly or county officers) whichever
shall first occur, at which time an election
shall be held as herein prescribed, for a judge
who shall hold said office for the term of fif-
teen years, and until the election and qualifi-
cation of his successor.
Sec. 6. All judges shall, by virtue of their
offices, be conservators of the peace through-
out the State, and no fees or perquisites,
commission or reward of any kind, shall be
allowed to any judge in this State, besides
his annual salary or fixed per diem for the dis-
charge of any judicial duty. |
