four years from the first Monday of January
next ensuing his election, and until his suc-
cessor shall beelected and qualified, and shall
be re-eligible thereto, and shall be subject to
removal for incompetency, wilful neglect of
duty, or misdemeanor in office, on conviction
in a court of law,
Sec. 2. All elections for attorney general
shall be certified to, and returns made thereof
by the clerks of the circuit courts for the sev-
eral counties, and the clerk of the superior
court of Baltimore city, to the governor of
the State, whose duty it shall be to decide
upon the election and qualifications of the
person returned, and in case of a tie between
two or more persons to designate which of
said persons shall qualify as attorney general,
and to administer the oath of office to the
person elected.
Sec. 3. It shall be the duty of the attor-
ney general to prosecute and defend, on the
part of the State, all cases which at the time
of his election and qualification, and which
thereafter may be depending in the court of
appeals, or in the supreme court of the Uni-
ted States, by or against the State, or wherein
the State may be interested; and he shall
give his opinion in writing, whenever required
by the general assembly, or either branch
thereof, the governor, the comptroller, the
treasurer, or any State's attorney on any
matter or subject depending before them, or
either of them, and when required by the
governor or the general assembly, be shall aid
any State's attorney in prosecuting any suit
or action brought by the State, in any court
of this State; and he shall commence and
prosecute or defend any suit or action in any
of said courts, on the part of the State, which
the general assembly or the governor acting,
according to law, shall direct to be com-
menced, prosecuted or defended, and he shall
receive for his services an annual salary of
twenty-five hundred dollars; but he shall not
be entitled to receive any fees, perquisites or
rewards whatever, in addition to the salary
aforesaid, for the performance of any official
duty, nor have power to appoint any agent,
representative or deputy, under any circum-
stances whatever.
Sec. 4. No person shall be eligible to the
office of attorney general who has not resided
and practiced law in this State, for at least
seven years next preceding his election.
Sec. 5. In case of vacancy in the office of
attorney general, occasioned by death, resig-
nation, or his removal from the State, or his
conviction, as hereinbefore specified, the said
vacancy shall be filled by the governor 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 interest, |
immediately to notify the attorney general
thereof.
THE STATE'S ATTORNEYS.
Sec. 7. There shall be an attorney for the
State in each county and the city of Balti-
more, to bestyled "the State's attorney,"
who shall tie elected toy the voters thereof, re-
spectively, on the Tuesday next after the, first
Monday in the month of November, eighteen
hundred and sixty-seven, and on the same
day every fourth year thereafter, and shall hold
his office for four years from the first Monday
in January next ensuing his election, and un-
til his successor shall be elected and qualified,
and shall be re-eligible thereto, and be sub-
ject to removal therefrom for incompetency,
wilful neglect of duly or misdemeanor in of-
fice, on conviction in a court of law.
Sec. 8. All elections for the State's attorney
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 desig-
nate which of said persons shall qualify as
State's attorney, and to administer the oaths
of office to the persons elected,
Sec. 9. The State's attorney shall per-
form such duties and receive such fees and
commissions as are now or may hereafter
be prescribed by law, and if any State's at-
torney shall receive any other fee or reward
than such as is, or may be allowed by law,
he shall, on conviction thereof, be removed
from office; provided, that the State's attor-
ney for Baltimore city shall have power to
appoint one deputy, at a salary of not more
than fifteen hundred dollars per annum, to be
paid by the State's attorney out of the fees
of his office, as has heretofore been prac-
ticed.
Sec. 10. No person shall be eligible to the
office of State's attorney who has not been ad-
mitted to practice law in this State, and who
has not resided for at least one year in the
county or city in which he may be elected.
Sec. 11. In case of vacancy in the office of
State's attorney, or of his removal from the
county or city in which be shall have been
elected, or on his conviction as herein speci-
fied, the said vacancy shall be filled by the
judge of the county or city, respectively, hav-
ing criminal jurisdiction in which said va-
cancy shall occur, for the residue of the term
thus made vacant.
ARTICLE VI.
TREASURY DEPARTMENT.
Section 1. The treasury department of this
State shall consist of a comptroller and a
treasurer,
Sec. 2. The comptroller shall be chosen
by the qualified electors of the State, at each |
