92 CONSTITUTION OF MARYLAND. [ART. IV

ferred to in this section is the municipality in its corporate capacity, and
the power of appointment given it must be exercised by ordinances; hence
the act of 1912, chapter 823, in so far as it attempts to substitute an
appointment by the mayor confirmed by one branch of the council, is
unconstitutional. Little v. Schull, 118 Md. 460; Levin v. Hewes, 118 Md.
646.

The legislature has the power to change at any time the duties and
compensation of constables, and may delegate such power to the mayor
and city council of Baltimore. Ordinance No. 87, approved March 12,
1912, held valid. Gould v. Baltimore, 120 Md. 537.

Generally.

Justices of the peace and constables are merely peace officers. The
authorities of Baltimore city held to be authorized to create an additional
police force. Police bill, upheld. Baltimore v. State, 15 Md...465 (based
on article 4, section 19, of the constitution of 1851).

This section referred to in sustaining an indictment against a constable
for malfeasance in office. Mohler v. State, 120 Md. 326.

Article 4, section 19, of the constitution of 1851, referred to in construing
article 4, section 18, of the constitution of 1851—see notes to section 41.
Sappington v. Scott, 14 Md. 52.

This section as it stood in the constitution of 1864, referred to in con-
struing article 4. sections 33 and 34 of that constitution—see notes to
section 28. Reese v. Hawks, 63 Md. 133.

See notes to article 15, section 3, and to article 4, sections 1 and 43.

See articles 52 and 20 of the Annotated Code.

Sec. 43. In the event of a vacancy in the office of a Justice of the
Peace, the Governor shall appoint a person to serve as Justice of the
Peace for the residue of the term; and in case of a vacancy in the office
of Constable, the County Commissioners of the county in which the
vacancy occurs, or the Mayor and City Council of Baltimore, as the
case may be, shall appoint a person to serve as Constable for the residue
of the term.

Construing article 4, section 19, of the constitution of 1851. it was held
that a justice of the peace appointed by the governor to a vacancy, held
until the next regular election of justices of the pence, and that the ap-
pointment must be made by the governor alone and not by the governor
and senate under article 2, section 11. Article 4, section 19, of the consti-
tution of 1851. contrasted with article 4. sections 25 and 26, of said con-
stitution. Cautwell v. Owens, 14 Md. 225.

This section referred to in construing article 15. section 3, and article 4,
section 42—see notes to the former. Smith v. Thursby, 28 Md. 2(58 (dis-
senting opinion).
v See notes-to section 42.

Part VII:—Sheriffs.

Sec. 44. There shall be elected in each County, and in the City of
Baltimore, in every second year, one person, resident in said County or
City, above the age of twenty-five years, and at 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 successor is duly elected and
qualified; shall be ineligible for two years thereafter; shall give such
bond, exercise such powers, and perform such duties as now are or may
hereafter be fixed by law. In case of a vacancy by death, resignation,
refusal to serve, or neglect to qualify, or give bond, or by disqualifies-