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
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

Returns tobe made
to the Governor.

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.

Case of tie.

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 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 ;

His Duties.

and he shall give his opinion in writing, whenever required
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, lie shall aid any State's Attorney in

Give opinions to
the Legislature, to
the Governor, &c.

prosecuting any suit or action 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, which the General Assembly or the
Governor acting, according to law, shall direct to be com-
menced, prosecuted or defended, and he shall receive for

Prosecute suits.

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

Salary $2,500.

Sec. 4. No person shall be eligible to the office of At-
torney General who has not resided and practiced law

Qualifications.