CONSTITUTION — ART. V.

ter 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

539

prosecuting any suit or notion brought by the State in any 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, winch the General Assembly or the gov-
ernor, acting according to law, shall direct to be commenced, prosecuted, or

Prosecute suits

defended; and he shall receive for his services an annual salary of three thou-

Salary, $3000.

sand dollars; but he shall not be entitled to receive any fees, perquisites, or re-
wards, whatever, in addition to the Biliary aforesaid, for the performance of

Perquisites not
allowed

any official duty; nor have power to appoint any agent, representative, or dep-
uty, under any circumstances whatever; nor shall the governor employ any
additional counsel, in any case whatever, unless authorized by the General As-
sembly.

Other counsel
not to be
employed

SEC. 4 No person shall be eligible to the office of attorney-general who is
not a citizen of tbis State, and a qualified voter therein, and has not resided
and practiced law in this State for ut least ten years

Qualifications.
43 Md. 573

SEC 5 In case of vacancy in the office of attorney-general, occasioned by
death, resignation, removal from the State or from office, or other disqualifica-
tion, the said vacancy shall be filled by the governor for the residue of the term
thus made vacant

Vacancy.

SEC 6. It shall be the duty of the clerk of the Court of Appeals and of the
commissioner of the Land Office, respectively, whenever a case shall be brought
into said court or office, in which the State is a party or has interest, immedi-
ntely to notify the attorney-general thereof.

THE STATE'S ATTORNEYS.

Attorney-gene-
ral to be notified
of State cases.

SEC. 7 There shall be an attorney for the State in each county and the city
of Baltimore, to be styled " the State's attorney," who shall be elected by the
voters thereof, respectively, on the Tuesday next after the first Monday in
November, in the year eighteen hundred and sixty-seven, and on the same day

Election.

every fourth year thereafter, and shall hold his office for four years from the
first Monday in January next ensuing his election, and until bis successor shall

Term, four
years.

be elected and qualified; and shall be re-eligible thereto, and be subject to re-
moval therefrom for incompetency, wilful neglect of duty, or misdemeanor in
office, on conviction in a court of law, or by a vote of two-thirds of the Senate,
on the recommendation of the attorney-general.

Removal.

Sicc. 8 All elections for the State's attorney shall be certified to, and returns
made thereof, by the clerks of the said counties and city, to the judges thereof,
having criminal jurisdiction, respectively, whose duty it shall be to decide upon

Returns to be
made to crim-
inal judges

the elections and qualifications of the persons returned; and, in case of a tie
between two or more persons, to designate which or said persons shall qualify
as State's attorney, and to administer the oaths of office to the person elected.

Case of tie

SEC. 9 The State's attorney shall perform such duties mid receive such fees
and commissions as are now, or may hereafter be, prescribed by law; and if
any State's attorney shall receive any other fee or reward than any such as is,
or may be allowed by law, he shall, on conviction thereof, be removed from
office; provided, that the State's attorney for Baltimore city shall have power

Fees.

to appoint one deputy, at a salary of not more than fifteen hundred dollars per
annum, to be paid by the State's attorney out of the fees of his office, as has
heretofore been practiced.

Deputy in
Baltimore city.

SEC 10 No person shall be eligible to the office of State's attorney who has
not been admitted to practice law in this State, and who has not resided, for at
least two years, in the county or city in which he may be elected

Qualifications.

Sec. 11. In case of vacancy in the office of State's attorney, or of his removal
from the county or city in which he shall have been elected, or on his convic-
tion, as herein specified, the said vacancy shall be filled by the judge of the

Vacancy.