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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1894   View pdf image
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1894
thereof, so far as the same have relation to
the city of Baltimore.
Part V—Orphans' Courts.
Sec. 43. There shall be an orphans' court
in the city of Baltimore, and in each of the
counties of this State. The qualified voters of
the city of Baltimore and of the several coun-
ties of the State shall, on the Tuesday next
after the first Monday in the month of Novem-
ber, eighteen hundred and sixty-seven, elect
three men to be judges of the orphans' court
of said city and counties respectively; one of
the said judges first elected shall hold his of-
fice for two years, one for four years and the
other for six years; and at the first meeting
after their election and qualification, or as
soon thereafter as practicable, they shall de-
termine by lot which one of their number
shall hold his office for two, four and six
years, respectively, and thereafter there shall
be elected as aforesaid, at each general elec-
tion for county officers, one judge to serve
for the term of six years. No person shall be
elected judge of the orphans' court unless he
be at the time of his election a citizen of the
United States and a resident for twelve months
in the city or county for which he may be
elected; each of said judges shall receive such
compensation, to be paid by the said counties
and city respectively, as is now or may here-
after be prescribed by the general assembly.
Sec. 44. In case of the death, resignation,
removal or other disqualification of a judge of
an orphans' court, the governor ley and with
the ad vice and consent of the senate, shall ap-
point a person duly qualified to fill said office
for the residue of the term thus made vacant.
Sec. 45. The orphans' courts shall have all
the powers now vested by law in the orphans'
courts of this State, subject to such changes
as the general assembly may prescribe, and
shall have such other jurisdiction as may from
time to time be provided by law.
Sec. 46. There shall be a register of wills
in each county of the State and in the city of
Baltimore, to be elected by the legal and
qualified voters of said counties and city re-
spectively, who shall hold his office for six
years from the time of his election, and until
his successor is elected and qualified; he shall
be re-eligible and subject at all times to re-
moval for wilful neglect of duty or misde-
meanor in office in the same manner that the
clerks of courts are removable. In the event
of any vacancy in the office of register of
wills, said vacancy shall be filled by the judges
of the orphans' court in which such vacancy
occurs, until the next general election for
county officers, when a register shall be elected
to serve for six years thereafter.
Part VI.—Justices of the Peace.
Sec. 47. The governor, by and with the
advice and consent of the senate, shall ap-
point such number of justices of the peace,
and the county commissioners of the several
counties, and the mayor and city council of
Baltimore, shall appoint such number of con-
stables 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 justices of the peace and constables
so appointed, shall be subject to removal by
the judge having criminal jurisdiction in the
county or city for incompetency, wilful neg-
lect of duty, or misdemeanor in office, on con-
viction in a court of law. The justices of
the peace and constables so appointed and
commissioned shall be conservators of the
peace, shall hold their office for two years,
and shall have such jurisdiction, duties and
compensation, subject to such right of appeal
in all cases from tire judgment of justices of the
peace, as hath been heretofore exercised, or
shall be hereafter prescribed by law.
Sec. 48. in the event of a vacancy in the
office of a justice of the peace, the governor
shall appoint a person to serve as justice of
the peace for the residue of the term, and in
case of a vacancy in the office of constable,
the county commissioners of the county in
which the vacancy occurs, or the mayor and
city council of Baltimore, as the case may be,
shall appoint a person to serve as constable
for the residue of the term.
Part VII—Sheriffs.
Sec. 49. There shall be elected in each
county, and in the city of Baltimore, in every
second year, one person, resident in said
county or city, above the age of twenty-
five years, and at least five years preceding
his election, a citizen of this State, to the of-
fice of sheriff. He shall hold his office for two
years and until his successor is duly elected
and qualified; shall be ineligible for two
years thereafter, shall give such bond, exer-
cise such powers, and perform such duties as
now are or may hereafter be fixed by law.—
In case of a vacancy by death, refusal to
serve, or neglect to qualify or give bond, by
disqualification or removal from the county
or city, the governor shall appoint a person
to be sheriff for the remainder of the official
term.
Sec. 50. Coroners, elisors, and notaries
public may beappointed for each county and
the city of Baltimore, in the manner, for the
purposes, and with the powers now fixed or
which may hereafter be prescribed by law.
ARTICLE V.
ATTORNEY GENERAL.
Section 1. There shall be an attorney gen-
eral elected by the qualified voters of the
State, on general ticket, on the Tuesday next
after the first Monday in the month of Novem-
ber, in the year eighteen hundred and sixty-
four, and on the same day in every fourth
year thereafter, who shall hold his office for


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1894   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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