WITH THE AMENDMENTS INGRAFTED.
lix.
year as usual; and no sheriff shall be qualified to act before the same
is given.
In case of death, refusal, resignation, disqualification, or removal
out of the
county, before the expiration of the three years, the other person
chosen as
aforesaid shall be commissioned by the governor to execute the said
office for
the residue of the said three years, the said person giving bond, with
security,
as aforesaid; and in case of his death, refusal, resignation, disqualification,
or
removal out of the county, before the expiration of the said three
years, the governor,
with the advice of council, may nominate and commission a fit and
proper person to execute the said office for the residue of the said
three years,
the said person giving bond and security as aforesaid. The election
shall be
held in separate districts (y) as appointed for the election
of delegates; and all
matters relating to the judges, place, time and manner, of holding
the elections for
sheriffs of the several counties, shall hereafter be regulated at
law (z).
Every
free white male citizen of this state, above twenty-one years of
age, and no other (a),
having resided twelve months within this state, and six months in the
county, or
in the city of Annapolis or Baltimore, next preceding the election at which
he offers
to vote (b), shall have a right of suffrage, and shall vote,
by ballot, in the election
of such county or city, or either of them, for sheriffs. No person
to be eligible
to the office of sheriff for a county, but an inhabitant of the said county
above
the age of twenty-one years (c).
43. That every person who shall offer to vote
for delegates, or for the electors
of the senate, or for the sheriff, shall, (if required by any three persons
qualified to vote,) before he be admitted to poll, take such oath, or affirmation,
of support and fidelity to this state, as this convention or the legislature
shall
direct.
44. That a justice of the peace may be eligible
as a senator, delegate, or
member of the council, and may continue to act as a justice of the peace.
45. (d).
46. That all civil officers hereafter to be
appointed for the several counties
of this state, shall have been residents of the county respectively for
which
they shall be appointed six months next before their appointment, and shall
continue residents of their county respectively during their continuance
in
office.
(y) The original section provided
that the election should be held at the same time and place
appointed for the election of delegates, and the elections for sheriffs
are included with those for
delegates directed by the act of 1798, ch. 115, confirmed by 1799, ch.
48, to be held in separate
districts, which are particularly stated in the second section.
(z) This provision arises also
under the act of 1798, ch. 115, confirmed by 1799, ch. 48, as
stated in note (c) to the second section.
(a) The property qualification for voters, (which
in the original was the same as in voters for
delegates,) was abolished by November 1809, ch. 83, confirmed by 1810,
ch. 33. as stated in
note (a) to the second section.
(b) The act of November 1809,
ch. 83, confirmed by 1810, ch. 33, established this term of residence
instead of the former as stated in note (b) to the second section.
(c) In the original section no person was eligible
to the office of sheriff, but an inhabitant of
the county, above twenty-one years of age, and having real and personal
property in the state
above the value of one thousand pounds current money, which was altered
by the act of November
1809, ch. 198, confirmed by 1810, ch. 18, abolishing such parts of the
constitution as required
a property qualification in persons to be appointed or holding offices
of trust or profit in
this state.
(d) This section, which declared
that no field officer of the militia should be eligible as a
senator, delegate or member of the council, was abolished by the act of
November 1809, ch. 65,
confirmed by 1810, ch. 78. It is numbered and left
blank in order to preserve the original numbers
of the other sections.
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