ART. 5. ] STATE OF MARYLAND. 57

thereto, and shall be subject to removal for incompetency,

willful neglect of duty, or misdemeanor in office, on con-

viction in a court of law.

SEC. 2. All elections for Attorney General shall be

Returns to be mode
to the Governor.

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 upon the elec-

tion and qualifications of the person returned, and in case

of a tie between two or more persons to designate which of

Case of tie.

said persons shall qualify as Attorney General, and to

administer the oath of office to the person elected

SEC. 3. It shall be the duty of the Attorney General to

The Duties

prosecute and defend, on the part of the State, all cases

which at the time of his election and qualification, and

which thereafter may be depending in the Court of Ap-

peals, 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

Give opinions to
the Legislature, to

the Governor, &c.

by the General Assembly, or either branch thereof, the

Governor, the Comptroller, the Treasurer, or any State's

Attorney on any matter or subject depending before them,

or either of them, and when required by the Governor or

the General Assembly, he shall aid any State's Attorney in

prosecuting any suit or action brought by the State, in any

Prosecute suits

Court of this State; and he shall commence and prosecute

or defend any suit or action in any of said Courts, on the

part of the State, which the General Assembly or the

Governor acting, according to law, shall direct to be com-

menced, prosecuted or defended, and he shall receive fol

his services an annual salary of twenty-five hundred dol-

Salary $2, 800.

lars; but he shall not be entitled to receive any fees, per-

quisites or rewards, whatever, in addition to the salary

aforesaid, for the performance of any official duty, nor have

power to appoint any agent, representative or deputy

under any circumstances whatever.

SEC. 4. No person shall be eligible to the office of At-

Qualifications.

torney General who lias not resided and practiced law