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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 241   View pdf image
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241

for the term of ten years, and who shall be sub-
ject to all the provisions of this Constitution with
regard to the election and qualification of Judges
and their removal from office; and the said court
shall have jurisdiction in all prosecutions for as-
sault and battery—for keeping disorderly houses—
for larceny where the property stolen does not
exceed in value the sum of twenty dollars—in
all prosecutions for receiving stolen goods, know-
ing them to bestolen—and for selling goods with-
out license: and it shall be the duty of the Le-
gislature to provide for quarterly sessions of the
said court for the purpose of trying those cases
in which a trial byjury may be demanded by the
accused; and also to provide that the said court
shall hold frequent sessions for the trial of cases,
subject to its jurisdiction in which the accused
may not demand a jury trial; and the Judge of
the said court shall receive an annual salary of
fifteen hundred dollars.
Sec. 18. There shall be a clerk of each county
court, who shall be elected by a plurality vote of
the qualified voters of each county, and who shall
hold his office for the term of six years, from the
time of his election and until a new election is
held, and be re-eligible thereto, subject to re-
moval for wilful neglect of duty, or other misde-
meanor in office by presentment of a Grand Jury
and conviction of a Petit Jury, of the county in
which he shall reside. There shall also be a
clerk of the Court of Common Pleas in Baltimore
city, who shall also be the clerk of the Superior
Court of Baltimore city, and the Register in
Chancery of the Chancery Court of the city of
Baltimore, and there shall also be a clerk of the
criminal court of Baltimore city, who shall also be
the clerk of the police court of Baltimore city, and
each of said clerks shall be elected by a plurality
vote of the qualified voters of the city of Balti-
more, and shall hold his office for six years, from
the time of his election, and until a new election
is held, and be re-eligible thereto, subject in like
manner to be removed for wilful neglect of duty
or other misdemeanor in office by presentment
of a grand jury and conviction of a petit jury of
said city. In case of a vacancy in the office of a
clerk, the judge or judges of the court of which
he was clerk, shall have the power to appoint a
clerk until an election can be held, which shall
take place under the directions of the Sheriff
upon giving thirty days public notice thereof.
Sec. 19. The Legislature shall provide by law.
some plain, intelligible and simple mode of com-
pensation to the clerks of the several courts in
this State, in lieu of the existing mode of fees.
Sec. 20. There shall be a Register of Wills in
each county of the State, and in the city of Bal-
timore, to be elected by a plurality vote of the
qualified voters of said counties and city respec-
tively, and who shall hold his office for six years
from the time of his election, and until a new
lection shall take place, and be re-eligible there-
to, subject to be removed for wilful neglect of
duty, or other dismeanor in office, in the same
manner that the clerks of the county courts are
removable. The Legislature shall provide by
law, suitable annual salaries for such Register of
Wills, to be levied on the assessable property of
31

said counties and city respectively, in lieu of all
fees and perquisites as now established by law.
In the event of any vacancy in the office of Reg-
ister of Wills, said vacancy shall be filled by the
judge or judges of the court, until an election
can be held, which shall take place under the
directions of the Sheriff, upon thirty days public
notice thereof.
Sec. 21. There shall be five Justices of the
Peace, in each election district of every county
of the State, and two in each ward of the city of
Baltimore, to be elected by a plurality vote of
the qualified voters in each of said districts and
wards respectively, who shall hold their offices
for two years, from the time of their election and
until a successor in office is elected. They shall
be, by virtue of their offices, conservators of the
peace in the said counties and city respectively,
and shall have such civil and criminal jurisdic-
tion, as shall be provided for by law. In the
event of a vacancy in the office of a Justice of
Peace, a new election shall be held under the di-
rections of the Sheriff of the county or city where
such vacancy occurs, upon ten days notice there-
of; an appeal shall be in all civil cases from the
judgment of a Justice of the Peace, to the judges
of the county courts and of the court of common
pleas for Baltimore city, as the case may be, and
on all such appeals, either party shall be entitled
to a trial by jury, where the amount in contro-
versy shall be above ten dollars.
Sec. 22. Sheriffs shall be elected in each county
and in the city of Baltimore, every third year,
that is to nay: two persons for the office of sheriff
for each county, and two for the said city, the
one of whom having the highest number of votes
of the qualified voters of said county or city, or
if both have an equal number, either of them, at
the discretion of the Governor, to be commis-
sioned by the Governor for the said office, and
having served for three years, such person shall
be ineligible for the four years next succeeding;
bond with security to be taken every year as
usual, and no sheriff shall be qualified to act be-
fore the same be given. In case of death, refu-
sal, disqualification or removal out of the county,
before the expiration of the three years, the other
person chosen as aforesaid, shall be com-
missioned by the Governor to execute the said
office, for the residue of the said three years, the
said person giving bond with security as afore-
said. No person shall be eligible to the office of
Sheriff, but a resident of such county or city re-
spectively, and who shall have been a citizen of
this State at least five years preceding his elec-
tion, and above the age of twenty-one years. The
two candidates properly qualified having the
highest number of legal ballots, shall bedeclared
duly elected for the office of sheriff for such
county or city, and returned to the Governor
with a certificate of the number of ballots for each
of them.
Sec. 23. Constables, coroners, and elizors,
shall be appointed for each county and the city
of Baltimore, ill the manner now prescribed by
law, or in such other manner as the General Assembly
may hereafter direct.
Sec. 24. No Judge shall sit in any case wherein



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 241   View pdf image
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