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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 435   View pdf image (33K)
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THE CONSTITUTION OF 1851

manner as if such suit or action, issues
or petitions, presentment or indictment,
had been originally instituted therein;
and provided also, that such suggestion
shall be made as aforesaid, before or
during 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 may be provided
by law, as the .Legislature shall from
time to time direct and enact. Sec. 29. All election of judges, and
other officers provided for by this Con-
stitution, shall be certified, and the re-
turns made by the clerks of the respec-
tive counties to the Governor, who shall
issue commissions to the different per-
sons 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 de-
clared to be elected. Sec. 30, If in any case of election for
Judges, Clerks of the Courts of Law and
Registers of Wills, the opposing candi-
dates shall have an equal number of
votes, it shall be the duty of the Gover-
nor to order a new election; and in case
of any contested election, the Governor
shall send the returns to the House of
Delegates, who shall judge of the elec-
tion and qualification of the candidates
at such election.
Sec* 31v Every person of good moral
character, being a voter, shall be ad-
mitted to practice law in all the courts
of law in this State, in his own case.

ARTICLE V.
THE STATE'S ATTORNEYS.

Section 1. There shall be an attorney
for the State in each county and the city
of Baltimore, to be styled "The State's
Attorney," who shall be elected by the
voters thereof, respectively, on the first
Wednesday of November next, and on
the same day every fourth year there-
after, and hold his office for four years
from the first Monday of January next
ensuing his election, and until his suc-
cessor shall be elected and qualified, and
shall be re-eligible thereto, and be sub-
ject to removal therefrom for incompe-
tency, wilful neglect of duty or misde-
meanor in office, on conviction in a court
of law. Sec. 2. All elections for the State's
Attorney shall be certified to, and re-
turns made thereof, by the clerks of the
said counties and city 'to the Judges
thereof having criminal jurisdiction, re-
spectively, whose duty it shall be to de-
cide upon the elections and qualifica-

tions of the persons returned, and in
case of a tie between two or more per-
sons, to designate which of said persons
shall qualify as State's Attorney, and to
administer the oaths of office to the per-
sons elected. Sec. 3. The State's Attorney shall per-
form such duties and receive such fees
and commissions as are now prescribed
by law for the Attorney General and his
Deputies, and such other duties, fees and
commissions as may hereafter be pre-
scribed by law, and if any State's Attor-
ney 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. Sec. 4. No person shall be eligible to
the office of State's Attorney who has
not been admitted 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 elected.
435

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 435   View pdf image (33K)
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