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PROCEEDINGS of CONVENTION.
1776. each county the majority of legal ballots, shall be declared duly elected for the office of sheriff for such county, and returned to the governor and council, with a certificate of the number of ballots for each of them. 43. That the judges of the general court and justices of the county courts may appoint the clerks of their respective courts, and in case of refusal, death, resignation, disqualification, or removal out of the state, of the clerk of the general court, in the vacation of the said court; and in case of the refusal, death, resignation, disqualification, or removal out of the county, of any of the said county clerks, in the vacation of the county court of which he is clerk, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office respectively, to hold the same until the meeting of the next general court or county court, as the case may be. 44. That the governor for the time being, with the advice and consent of the council, may appoint the chancellor, and all judges and justices, the attorney-general, naval officers, officers in the regular land and sea service, officers of the militia, registers of the land-office, surveyors, and all other civil officers of government (assessors, constables, and overseers of the roads only excepted) and may also suspend or remove any civil officer who has not a commission during good behaviour, and may suspend any militia officer for one month, and may also suspend or remove any regular officer in the land or sea service; and the governor may remove or suspend any militia officer in pursuance of the judgment of a court martial. 45. That all civil officers, of the appointment of the governor and council, who do not hold commissions during good behaviour, shall be appointed annually in the third week of November, but if any of them shall be re-appointed, they may continue to act without any new commission or qualification; and every officer, though not re-appointed, shall continue to act until the person who shall be appointed and commissioned in his stead shall be qualified. 46. That the governor, and every member of the council, before they act as such, shall respectively take an oath, that he will not, through favour, affection or partiality, vote for any person to office, and that he will vote for such person as in his judgment and conscience he believes best qualified for the office, and that he has not made, nor will make, any promise or engagement to give his vote or interest in favour of any person. 47. That there be two registers of the land-office, one upon the western and one upon the eastern shore; that short extracts of the grants and certificates of the land on the western and eastern shores respectively be made in separate books, at the public expence, and deposited in the offices of the said registers, in such manner as shall hereafter be provided by the general assembly. 48. that every chancellor, judge, register of wills, commissioner of the loan-office, attorney-general, sheriff, treasurer, naval officer, register of the land-office, register of the chancery court, and every clerk of the common law courts, surveyor, and auditor of public accounts, before he acts as such, shall take an oath, that he will not, directly or indirectly, receive any fee or reward for doing his office of _______ _________, but what is or shall be allowed by law, nor will, directly or indirectly, receive the profits, or any part of the profits, of any office held by any other person, and that he does not hold the same office in trust or for the benefit of any other person. 49. That if any governor, chancellor, judge, register of wills, attorney-general, register of the land-office, commissioner of the loan-office, register of the chancery court, or any clerk of the common law courts, treasurer, naval officer, sheriff, surveyor, or auditor of public accounts, shall receive, directly or indirectly, at any time, the profits, or any part of the profits, of any office held by any other person, during his acting in the office to which he is appointed, his election, appointment and commission, on conviction in a court of law, by the oath of two credible witnesses, shall be void, and he shall suffer the punishment for wilful and corrupt perjury, or be banished this state for ever, or disqualified for ever from holding any office or place of trust or profit, as the court may adjudge. 50. That if any person shall give any bribe, present or reward, or any promise, or any security for the payment or delivery of any money, or any other thing, to obtain or procure a vote, to be governor, senator, delegate to congress or assembly, member of the council, or judge, or to be appointed to any of the said offices, or to any office of profit or trust, now created or hereafter to be created in this state, the person giving and the person receiving the same, on conviction in a court of law, shall be for ever disqualified to hold any office of trust or profit in this state. 51. That every person appointed to any office of profit or trust shall, before he enters on the execution thereof, take the following oath, to wit: " I, A. B. do swear, that I will be true and faithful to the state " of Maryland, and the government thereof, as by the convention of Maryland established, and that I " will, to the utmost of my power, support, maintain and defend, the said state and government thereof; " and that I will use my utmost endeavours to disclose and make known to the governor, the council, or " some of the judges or justices of this state for the time being, all treasons and traiterous conspiracies or " attempts which I shall know to be against this state and the government thereof; and I do declare, that " no king, prince or state, hath, or ought to have, any power, jurisdiction, superiority or authority, within " this state." And shall also subscribe a declaration of his belief in the christian religion. 52. That there be a court of appeals, composed of persons of integrity and found judgment in the law, whose judgment shall be final and conclusive in all cases of appeal from the general court, court of chancery, and court of admiralty: That one person of integrity and sound judgment in the law, be appointed judges of the court now called the provincial court; and that the same court be hereafter called and known by the name of the General Court; which court shall sit on each shore for determining the business of each shore respectively. 53. That the style of all laws ran thus, " Be it enacted, by the general assembly of Maryland:" That all public commissions and grants run thus," The state of Maryland, &c." and shall bear test by the governor, with the seal of the state annexed: That all writs shall run in the same style, and be tested, sealed and signed, as usual: That all indictments shall conclude, " Against the peace, government and dignity of the state." 54. That all penalties and forfeitures, heretofore going to the king or proprietary, shall go to the state; save only such as the general assembly may abolish or otherwise provide for. 55. That this form of government, and the declaration of rights, and no part thereof, shall be altered, changed, abolished, unless a bill so to alter, change or abolish the same, shall pass the general assembly, and shall be confirmed by the general assembly after a new election of delegates, in the first session after such new election. |
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Hanson's Laws of Maryland 1763-1784
| Volume 203, Page 140 View pdf image (33K) |
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