Слике страница
PDF
ePub

Sec. 12. If in any case of election for judges, clerks of the courts of law, and registers of wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the Governor to order a new election; and in case of any contested election, the Governor shall send the returns to the House of Delegates, which shall judge of the election and qualification of the candidates at such election; and if the judg ment shall be against the one who has been returned elected, or the one who has been commissioned by the Governor, the House of Delegates shall order a new election within thirty days.

Sec. 17. There shall be a Clerk of the Court of Appeals, who shall be elected by the legal and qualified voters of the State, who shall hold his office for six years, and until his successor is duly qualified; he shall be subject to removal by said court for incompetency, neglect of duty, misdemeanor in office, or such other cause, or causes, as may be prescribed by law; and in case of a vacancy in the office of said clerk the Court of Appeals shall appoint a clerk of said court, who shall hold his office until the election and qualification of his successor, who shall be elected at the next general election for members of the General Assembly; and the person so elected shall hold his office for the term of six years from the time of his election.

Sec. 19. The State shall be divided into eight judicial circuits in manner following, viz: The counties of Worcester, Somerset, Dorchester and Wicomico shall constitute the first circuit; the counties of Caroline, Talbot, Queen Anne's, Kent and Cecil, the second; the counties of Baltimore and Harford, the third; the counties of Allegany, Washing. ton and Garrett, the fourth; the counties of Carroll, Howard and Annee Arundel, the fifth; the counties of Montgomery and Frederick, the sixth; the counties of Prince George's, Charles, Calvert and St. Mary's, the seventh, and Baltimore City, the eighth.

Sec. 21. For each of the said circuits (except the eighth) there shall be a chief judge and two associate judges, to be styled Judges of the Circuit Court, to be elected or appointed, as herein provided. And no two said associate judges shall, at the time of their election or appointment, or during the term for which they may have been elected, or appointed, reside in the same county. If two or more persons shall be candidates for associate judge in the same county, that one only in said county shall be declared elected who has the highest number of votes in the circuit. In case any two candidates for associate judge, residing in the same county, shall have an equal number of votes, greater than any other candidate for associate judge in the circuit, it shall be the duty of the Governor to order a new election.

Sec. 25. There shall be a Clerk of the Circuit Court in each county, who shall be elected by a plurality of the qualified voters of said county, and shall hold his office for six years from the time of his election, and until his successor is elected and qualified, and be re-eligible, subject to be removed for willful neglect of duty or other misdemeanor in office,

on conviction in a court of law. In case of a vacancy in the office of Clerk of a Circuit Court, the judges of said court shall have power to fill such vacancy until the general election for Delegates to the General Assembly, to be held next thereafter, when a successor shall be elected for the term of six years.

Sec. 27. There shall be in the Eighth Judicial Circuit six courts to be styled the Supreme Bench of Baltimore city, the Superior Court of Baltimore city, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore city, and the Criminal Court of Balti

more.

Sec. 31. There shall be elected by the legal and qualified voters of and city at the elections herein before provided for one chief judge and four associate judges, who, together, shall constitute the Supreme Bench of Baltimore city, and shall hold their offices for the term of fifteen years, subject to the provisions of this Constitution with regard to the election and qualifications of judges and their removal from office.

Sec. 37. There shall be a clerk of each of the said courts of Baltimore city, except the Supreme Bench, who shall be elected by the legal and qualified voters of said city at the election to be held in said city on the Tuesday next after the first Monday of November, in the year eighteen hundred and sixty-seven, and shall hold his office for six years from the time of his election, and until his successor is elected and qualified, and be re-eligible thereto, subject to be removed for willful neglect of duty or other misdemeanor in office on conviction in a court of law. In case of a vacancy in the office of clerk of any of said courts, the judges of said Supreme Bench of Baltimore city shall have power to fill such vacancy until the general election of Delegates to the General Assembly to be held next thereafter, when a clerk of said court shall be elected to serve for six years thereafter.

Sec. 39. The General Assembly shall, as often as it may think the same proper and expedient, provide by law for the election of an additional judge of the Supreme Bench of Baltimore city, and whenever provision is so made by the General Assembly, there shall be elected by the voters of said city another judge of the Supreme Bench of Baltimore city, who shall be subject to the same constitutional provisions, hold his olice for the same term of years, receive the same compensation and have the same powers as are providd by the Constitution or laws of this State for the judges of said Supreme Bench of Baltimore city.

Sec. 40. The qualified voters of the city of Baltimore, and of the several counties, shall on Tuesday next, after the first Monday in November next, and on the same day in every fourth year thereafter, elect three men to be judges of the Orphans' Court, of said city and counties, respectively, who shall be citizens of the State, and residents for the twelve months preceding in the city or county for which they may be elected. In case of a vacancy in the office of judge of the Orphans'

Court, the Governor shall appoint, subject to confirmation or rejection by the Senate, some suitable person to fill the same for the residue of the term.

Sec. 41. There shall be a Register of Wills in each county of the State and the city of Baltimore, to be elected by the legal and qualified voters of said counties and cities, respectively, who shall hold his office for six years from the time of his election, and until his successor is elected and qualified; he shall be re-eligible, and subject at all times to removal for willful 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 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 six years thereafter.

Sec. 44. There shall be elected in each county, and in the city of Baltimore in every second year, one person, resident in said county or city, above the age of twenty-five years, and at least five years preceding his election, a citizen of this State, to the office of Sheriff. He shall hold his office for two years, and until his successor is duly elected and qualified; shall be ineligible for two years thereafter; shall give such bord, exercise such powers and perform such duties as now are or may hereafter be fixed by law. In case of a vacancy by death, resignation, refusal to serve or neglect to qualify or give bond or by disqualification or removal from the county or city, the Governor shall appoint a person to be Sheriff for the remainder of the official term.

ARTICLE V.

Section 1. There shall be an Attorney-General elected by the quali fied voters of the State, on general ticket, on the Tues lay next after the first Monday in the month of November, eighteen hundred and sixtyseven, 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, willful neglect of duty, or misdemeanor in office, on conviction 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 on the election and qualifications 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

Sec. 4. No person shall be eligible to the office of Attorney-Genera! who is not a citizen of this State and a qualified voter therein, and has not resided and practiced law in this State for at least ten years.

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 sixtyseven, and on the same day every fourth year thereafter; and shall hold his office for four years from the first Monday in January next ensuing his election, and until his successor shall be elected and qualified; and shall be re-eligible thereto and be subject to removal therefrom for incompetency, willful 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.

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

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.

ARTICLE VI.

Section 1. There shall be a Treasury Department, consisting of a Comptroller, chosen by the qaulified electors of the State, at each regular election of Members of the House of Delegates, who shall receive an annual salary of two thousand five hundred dollars; and a Treasurer to be appointed by the two Houses of the Legislature, at each regular session thereof, on joint ballot, who shall receive an annual salary of two thousand five hundred dollars; and the terms of office of the said Comptroller and Treasurer shall be for two years and until their successors shall qualify. In case of a vacancy in either of the offices by death or otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such vacancy by appointment, to continue until another election, or a choice by the Legislature, as the case may be, and until the qualification of the successor.

Sec. 5. The Comptroller shall qualify and enter on the duties of his office on the third Monday in January next succeeding the time of his election, or as soon thereafter as practicable.

ARTICLE VII.

Section 1. County Commissioners shall be elected on general ticket of each county by the qualified voters of the several counties of the State on the Tuesday next after the first Monday in the month of November, commencing in the year eighteen hundred and ninety-one; their number

in each county, their compensation, powers and duties shall be such as now or may be hereafter prescribed by law; they shall be elected at such times in such numbers and for such periods not exceeding six years, as may be prescribed by law.

Sec. 2. The qualified voters of each county and of the city of Baltimore shall on the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and sixty-seven, and on the same day in every second year thereafter, elect a Surveyor for each county and the city of Baltimore, respectively, whose term of office shall commence on the first Monday of January next ensuing their election; and whose duties and compensation shall be the same as are now or may hereafter be prescribed by law. And any vacancy in the office of surveyor shall be filled by the Commissioners of the county, or by the Mayor and City Council of Baltimore, respectively, for the residue of the term.

Sec. 6. The qualified voters of Worcester County shall on the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and sixty-seven, and every two years thereafter, elect a Wreck Master for said county, whose duties and compensation shall be the same as are now prescribed by law; the term of office of said Wreck Master shall commence on the first Monday of January next succeeding his election, and a vacancy in said office shall be filled by the County Commissioners of said county for the residue of the term.

ARTICLE XIV.

AMENDMENTS TO THE CONSTITUTION.

Section 1. The General Assembly may propose amendments to this Constitution; provided, that each amendment shall be embraced in a separate bill, embodying the Article or section, as the same will stand when amended and passed by three-fifths of all the members elected to each of the two Houses, by yeas and nays, to be entered on the journals with the proposed amendment. The bill, or bills, proposing amendment, or amendments, shall be published by order of the Governor, in at least two newspapers in each county, where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in the city of Baltimore, one of which shall be in the German language, once a week, for at least three months preceding the next ensuing general election, at which the said proposed amendment, or amendments shall be submitted, in a form to be prescribed by the General Assembly, to the qualified voters of the State for adoption or rejection. The votes cast for and against said proposed amendment, or amendments, severally, shall be return 1 to the Governor, in the manner prescribed in other cases, and if it shall appear to the Governor that a majority of the votes cast at said election on said amendment, or amendments, severally, were cast in favor thereof, the Governor shall, by his proclamation, declare the said amendment, or amendments,

« ПретходнаНастави »