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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 975   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

 

 

ty-five years and at least five
years preceding his election,
a citizen of the State, to the
office of Sheriff. He shall
hold office for four years,
and until his successor is
duly elected and qualified;
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 vacancy by
death,, resignation, refusal to
serve, or neglect to qualify,
or give bond, or by disqual-
ification or removal from the
County or City, the Gover-
nor shall appoint a person
to be Sheriff for the re-
mainder of the official term.

The Sheriff imeach coun-
ty and in Baltimore City
shall receive such salary or
compensation and such ex-
penses necessary to the con-
duct of his office as may be
fixed by Law. All fees col-
lected by the Sheriff shall
be accounted for and paid
to the Treasury of the sev-
eral counties and of Balti-
more City, respectively.

least five years preceding his
election, a citizen of this
State, to the office of Sher-
iff. 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 per-
form such duties as now
are, or may hereafter be
fixed by Law. In case of a
vacancy by death, resigna-
tion, refusal to serve, or neg-
lect to qualify, or give bond,
or by disqualification, or re-
moval from the county, or
city, the Governor shall ap-
point a person to be Sheriff
for the remainder of the of-
ficial term.

least five years preceding
his election, a citizen of this
State, to the office of Sheriff.
He shall hold his office for
two years and until his suc-
cessor is duly elected and
qualified; shall be ineligible
for two years thereafter,
shall give such bond, exer-
cise such powers, and per-
form 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 ap-
point a person to be Sheriff
for the remainder of the of-
ficial term.

votes of the qualified voters
of said county or city, or if
both have an equal number,
either of them, at the dis-
cretion of the Governor, to
be commissioned by the Gov-
ernor for the said office, and,
having served for two years,
such person shall be ineligi-
ble for the two years next
succeeding; bond with secur-
ity, to be taken every year,
and no sheriff shall be quali-
fied to act before the same
be given. In case of death,
refusal, disqualification or re-
moval out of the county,
before the expiration of the
said two years, the other per-
son chosen as aforesaid, shall
be commissioned by the Gov-
ernor to execute the said of-
fice for the residue of the
said two years, the said per-
son giving bond with secur-
ity as aforesaid. No person
shall be eligible to the office
of sheriff but a resident of
such county or city respec-
tively, who shall have been
a citizen of this State at
least five years preceding his
election, and above the age
of twenty-one years. The two
candidates, properly quali-
fied, having the highest num-
ber of legal ballots, shall be
declared duly elected for the
office of sheriff for such
county or city, and returned
to the Governor, with a cer-
tificate of the number of bal-
lots for each of them.

number, either of them, at
the discretion of the gov-
ernor, to be commissioned
by the governor for the said
office, and having served for
three years, such person
shall be ineligible for the
four years next succeeding,
bond with security to be
taken every year as usual,
and no sheriff shall be qual-
ified to act before the same
is given. In case of death,
refusal, resignation, disqual-
ification, or removal out of
the county, before the ex-
piration of the three years,
the other person chosen as
aforesaid, shall be commis-
sioned by the governor to
execute the said office for
the residue of the said three
years, the said person giving
bond with security as afore-
said, and in case of his death,
refusal, resignation, disquali-
fication, or removal out of
the county, before the expi-
ration of the said three years,
the governor, with the ad-
vice of the council, may nom-
inate and commission a fit
and proper person to execute
the said office for the resi-
due of the said three years,
the said person giving bond
and security as aforesaid; the
election shall be held at the
same time and place ap-
pointed for the election of
delegates, and the justices
there summoned to attend
for the preservation of the
peace shall be judges there-
of, and of the qualification
of candidates, who shall ap-
point a clerk to take the bal-
lots; all freemen above the
age of twenty-one years, hav-
ing a freehold of fifty acres
of land in the county in
which they offer to ballot,
and residing therein, and all
freemen above the age of

all and every part of the sec-
ond, third, fifth, fourteenth
and forty second Sections of
the Constitution and form of
Government of this state,
which relate to the Judges,
place, time, and manner of
holding the several Elections
for Delegates electors of the
Senate, and sheriffs of the
several Counties be and the
same are hereby abrogated,
repealed and annulled and
the same shall hereafter be
regulated by Law.

Proposed by Act of 1842,
chapter 246. Ratified 1843.

Sec. 1. At the next elec-
tion for Sheriff, and every
third year thereafter, a sher-
iff shall be elected by the
Voters of Baltimore County,
excluding the City of Bal-
timore, as sheriffs are now
elected in other Counties of
this State and shall exclu-
sively perform the duties of
sheriff within the limits of
said County, excluding Bal-
timore City; and shall per-
form such duties within the
City of Baltimore as shall
be necessary for the proper
performance of his duties as
sheriff of Said County, as
the Legislature shall by law
hereafter direct.

Sec. 2. At the next elec-
tion for sheriff and every
third year thereafter, a sher-
iff shall be elected for the
City of Baltimore, by the
voters residing in Said City,
whose duties shall be Con-
fined to the limits of Said
City, in the same manner as
sheriffs are now elected for
the Counties of the State.

*74

 

 

 

 

 

 

 

 

 

 

975

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 975   View pdf image (33K)
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