JUDICIAKY DEPARTMENT. 117

This section referred to in deciding that the words " of the county " and " for the
county " as applied to the circuit courts and the clerks thereof, are used interchange-
ably. Slymer v. State, 62 Md. 242.

See notes to secs. 12, 25 and 40.

Sec. 12. If in any case of election for Judges, Clerks of the Courts of Law
and Register of Wills, the opposing candidates shall have an equal number
of votes, it shall be the duty of the Governor to order a new election; and
in case of any contested election the Governor shall send the returns to the
House of Delegates, which shall judge of the election and qualification of
the candidates at such election, and if the judgment shall be against the
one who has been returned elected, or the one who has been commissioned
by the Governor, the House of Delegates shall order a new election within
thirty days.

The " contested " election spoken of in this section means a contest between can-
didates at such election, not a dispute about the office of judge in which one party
claims by appointment of the executive and the other by election of the people.
The duties of the Governor are not all found in art. 2 of the Constitution, as is
shown by art. 4, secs. 11, 12 and 13, where ministerial duties are imposed on the
Governor, no discretion being imposed in him as to them. In the discharge of
ministerial duties, the Governor is subject to mandamus. The commission to an
office is prima facie proof of title to the office. See notes to art. 4, sec. 5, and art. 9,
sec. 2. Magruder v. Swann, 25 Md. 204; Groome v. Gwinn, 43 Md. 625; Brooke v.
Widdecombe, 39 Md. 401 (cf. dissenting opinion). And see Wells v. Munroe, 86 Md.
449.

The resolution of the house of delegates relative to a contested election cannot
name a successor; all that it can do if it finds against an encumbent, is to give judg-
ment against him and order a new election. Ijams v. Duvall, 85 Md. 262. And see
Wells v. Munroe, 86 Md. 448.

Contest heard under this section; new election ordered; such order is not self-
executing, but requires affirmative legislation. Munroe v. Wells, 83 Md. 510; War-
field v. Vandiver, 101 Md. 137 (dissenting opinion).

This section referred to in construing art. 4, sec. 11, a,nd art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 635 (concurring opinion).

See notes to secs. 11, 25 and 40 (this article), and to art. 33, sec. 94, An. Code.

Sec. 13. All Public Commissions and Grants shall run thus: " The State
of Maryland, &c.," and shall be signed by the Governor, with the seal of
the State annexed; all writs and process shall run in the same style, and be
tested, sealed and signed as heretofore, or as may hereafter be provided
by law; and all indictments shall conclude, "against the peace, government
and dignity of the State."

The last clause of this section is mandatory and will be enforced State v. Dycer
85 Md. 252.
See notes to sec. 12.

Part II:—Court of Appeals.

Sec. 14. The Court of Appeals shall be composed of the Chief Judge
of the first seven of the several Judicial Circuits of the State and a Judge
from the City of Baltimore specially elected thereto, one of whom shall be
designated by the Governor, by and with the advice and consent of the
Senate, as the Chief Judge; and in all cases until action by the Senate can
be had, the Judge so designated by the Governor shall act as Chief Judge.
The Judge of the Court of Appeals from the City of Baltimore shall be
elected by the qualified voters of said city at the election of Judges to be held