ART. 4. ] JUDICIARY DEPARTMENT.. lix
and until his successor his elected and qualified; he shall be re--
eligible, and subject at all times to removal for wilful neglect of"
duty, or misdemeanor in office in the same manner that the
Clerks of Courts are removable. In the event of any vacancy in
the office of the Register of Wills, said vacancy shall be filled by
the Judges of the Orphans' Court, in which such vacancy occurs,
until the next general election for Delegates to the General
Assembly, when a Register shall be elected to serve for six years
thereafter.
Sappington, Adm'r v. Scott, 14 Md. 40
Part VI—Justices of the Peace.
SEC. 42. The Governor, by and with the advice and consent
of the Senate, shall appoint such number of Justices of the
Peace, and the County Commissioners of the several counties,
and the Mayor and City Council of Baltimore, respectively, shall
appoint such number of Constables, for the several Election Dis-
tricts of the Counties, and Wards of the City of Baltimore, as.
are now, or may hereafter be prescribed by Law; and Justices of
the Peace and Constables, so appointed, shall be subject to re-
moval by the Judge, or Judges, having criminal jurisdiction in
the county, or city, for incompetency, wilful neglect of duty, or
misdemeanor in office, on conviction in a Court of Law. The
Justices of the Peace and Constables, so appointed, and commis-
sioned, shall be Conservators of the Peace, shall hold their office
for two years, and shall have jurisdiction, duties and compen-
sation, subject to such right of appeal, in all cases, from the
judgment of Justices of the Peace, as hath been heretofore exer-
cised, or shall be hereafter prescribed by Law.
State v. Mace, 5 Md. 337. Cantwell«. Owens, 14 Md 215. Smith v. Thurs-
by, 28 Md 244.
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.
Cantwell v. Owens, 14 Md 215. Mayor, &c, of Bait B Police Com'r of
Bait., 15 Md. 376.
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