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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 970   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [judicial BRANCH]

COMPARISON

Headnotes

Present
Constitution

Constitution of
1867

Constitution of
1864

Constitution of
1851

Constitution of
1776

Amendments to
1776 Constitution

 

 

this amendment is proposed,
if otherwise qualified, shall
be ineligible for appointment
or election as judge of the
Municipal Court of Balti-
more City by reason of his
membership in such General
Assembly.

 

 

 

 

 

 

 

 

 

 

Justices of the
Peace: Appoint-
ment; number;
removal; term;
jurisdiction.

Constable:
Appointment;
number;
removal;
vacancy.

Part VI.
Justices of the Peace.

Sec. 42. The Governor, by
and with the advice and con-
sent of the Senate, shall ap-
point such number of Jus-
tices of the Peace, and the
County Commissioners of the
several counties, and the
Mayor and City Council of
Baltimore, respectively, shall
appoint such number of Con-
stables, for the several Elec-
tion Districts of the Coun-
ties, and Wards of the City
of Baltimore, as are now,
or may hereafter be pre-
scribed by Law; and Justices
of the Peace and Constables,
so appointed, shall be subject
to removal by the Judge, or
Judges having criminal jur-
isdiction in the county, or
city, for incompetency, wil-
ful neglect of duty, or mis-
demeanor 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 com-
pensation, subject to such
right of appeal, in all cases,
from the judgment of Jus-
tices of the Peace, as hath
been heretofore exercised, or
shall be hereafter prescribed
by Law.

Part VI.
Justices of the Peace.

Sec. 42. The Governor, by
and with the advice and con-
sent of the Senate, shall ap-
point such number of Jus-
tices of the Peace, and the
County Commissioners of
the several counties and the
Mayor and City Council of
Baltimore, respectively, shall
appoint such number of Con-
stables, for the several Elec-
tion Districts of the Coun-
ties, 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 ap-
pointed, shall be subject to
removal by the Judge, or
Judges, having criminal jur-
isdiction in the county, or
city, for incompetency, wil-
ful neglect of duty, or mis-
demeanor 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 com-
pensation, subject to such
right of appeal, in all cases,
from the judgment of Jus-
tices of the Peace, as hath
been heretofore exercised, or
shall be hereafter prescribed
by Law.

Part VI.
Justices of the Peace.

Sec. 47. The Governor, by
and with the advice and con-
sent of the Senate, shall ap-
point such number of Jus-
tices of the Peace, and the
County Commissioners of the
several counties, and the
Mayor and City Council of
Baltimore, shall appoint such
number of Constables 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 Jus-
tices of the Peace and Con-
stables so appointed, shall be
subject to removal by the
Judge having criminal juris-
diction in the county or city
for incompetency, willful
neglect of duty, or misde-
meanor in office, on convic-
tion in a court of law. The
Justices of the Peace and
Constables so appointed and
commissioned shall be con-
servators of the peace, shall
hold their office for two
years, and shall have such
jurisdiction, duties and com-
pensation, subject to such
right of appeal in all cases,
from the judgment of Jus-
tices of the Peace, as hath
been heretofore exercised or
shall be hereafter prescribed
by law.

Sec. 19. The Legislature
at its first session after the
adoption of this Constitution,
shall fix the number of Jus-
tices of the Peace and Con-
stables for each ward of the
city of Baltimore, and for
each election district in the
several counties, who shall be
elected by the legal and
qualified voters thereof re-
spectively, at the next gen-
eral election for delegates
thereafter, and shall hold
their offices for two years
from the time of their elec-
tion, and until their succes-
sors in office are elected and
qualified; and the Legisla-
ture may, from time to time,
increase or diminish the
number of Justices of the
Peace and Constables to be
elected in the several wards
and election districts, as the
wants and interests of the
people may require. They
shall be, by virtue of their
offices, conservators of the
peace in the said counties
and city respectively, and
shall have such duties and
compensation as now exist,
or may be provided for by
law. In the event of a vacan-
cy in the office of a Justice
of the Peace, the Governor
shall appoint a person to
serve as Justice of the Peace,
until the next regular elec-
tion of said officers, and in
case of a vacancy in the office
of Constable, the County
Commissioners of the county,
in which a vacancy may oc-

 

 

 

 

970

 

 

 

 

 

 

 

 

 

 

971

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 970   View pdf image (33K)
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