ATTORNEY-GENERAL AND STATE'S ATTORNEYS. 133

This section as it stood in the Constitution of 1776 referred to in deciding that the
bond of a register in chancery was only liable for the acts of such register while
lawfully in office. State v. Wayman, 2 G. & J. 284.

See art. 87, An. Code.

Sec. 45. Coroners, Elisors and Notaries Public may be appointed for
each County and the City of Baltimore in the manner, for the purpose
and with, the powers now fixed, or which may hereafter be prescribed by
law.

See arts. 22 and 68 of the An. Code.

ARTICLE V.

ATTORNEY-GENERAL AND STATE'S ATTORNEYS.

Attorney-General.

Sec. 1. There shall be an Attorney-General elected by the qualified voters
of the State, on general ticket, on the Tuesday next after the first Monday
in the month of November, eighteen hundred and sixty-seven, and on the
same day in every fourth year thereafter, who shall hold his office for four
years from the time of his election and qualification, and until his successor
is elected and qualified, and shall be re-eligible thereto, and shall be subject
to removal for incompetency, wilful neglect of duty or misdemeanor in
office, on conviction in a court of law.

This section referred to in construing art. 5, sec. 2, and art. 4, sec. 11—see notes
thereto. Groome v. Gwinn, 43 Md. 622.

Sec. 2. All elections for Attorney-General shall be certified to, and
returns made thereof by the Clerks of the Circuit Courts for the several
Counties, and the Clerk of the Superior Court of Baltimore City, to the
Governor of the State, whose duty it shall be to decide on the election and
qualification of the person returned; and in case of a tie between two
or more persons to designate which of said persons shall qualify as
Attorney-General, and to administer the oath of office to the person elected.

This section confers jurisdiction upon the Governor to decide both as to the elec-
tion and qualification of the person returned elected, as well in the case of a contest as
where there is no contest. The legislature would have no power under art. 3, sec. 47,
to confer the above jurisdiction upon any tribunal other than those designated by
the Constitution. Although the Governor has the above jurisdiction, it was intended
that he should be clothed by law with the means and instrumentalities to execute
such power. Implied powers, denied. This section compared with art. 5, sec. 8—see
notes to art. 4, sec. 11. Groome v. Gwinn, 43 Md. 623. (See also concurring opinion
in this case.)

Sec. 3. It shall be the duty of the Attorney-General to prosecute and
defend on the part of the State all cases, which at the time of his appoint-
ment and qualification and which thereafter may be depending in the
Court of Appeals, or in the Supreme Court of the United States, by or
against the State, or wherein the State may be interested; and he shall
give his opinion in writing whenever required by the General Assembly
or either branch thereof, the Governor, the Comptroller of the Treasury,