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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 433   View pdf image (33K)
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THE CONSTITUTION OF 1851

in the office of Constable, the County
Commissioners of the county, in which
a vacancy may occur, or the Mayor and
City Council of Baltimore, as the case
may be, shall appoint a person to serve
as Constable until the next regular elec-
tion thereafter for said officers. An ap-
peal shall lie in all civil cases from the
judgment of a Justice of the Peace to
the Circuit Court, or to the Court of
Common Pleas of Baltimore city, as the
case may be, and on all such appeals,
either party shall be entitled to a trial
by jury, according to the laws now exist-
ing, or which may be hereafter enacted.
And the Mayor and City Council may
provide, by ordinance, from time to time,
for the creation and government of such
temporary additional police, as they may
deem necessary to preserve the public
peace.
Sec. 20. There shall be elected in
each county and in the city of Balti-
more, every second year 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 commissioned by the
Governor for the said office, and, having
served for two years, such person shall
be ineligible for the two years next suc-
ceeding; bond with security, to be taken
every year, and no sheriff shall be quali-
fied to act before the same be given. In
case of death, refusal, disqualification or
removal out of the county, before the
expiration of the said two years, the
other person chosen as aforesaid, shall
be commissioned by the Governor to ex-
ecute the said office for the residue of
the said two years, the said person giv-
ing bond with security as aforesaid. No
person shall be eligible to the office of
sheriff but a resident of such county or

city respectively, who shall have been a
citizen of this State at least five years
preceding his election, and above the
age of twenty-one years. The two candi-
dates, properly qualified, having the
highest number of legal ballots, shall be
declared duly elected for the office of
sheriff for such county or city, and re-
turned to the Governor, with a certifi-
cate of the number of ballots for each of
them. Sec. 21. Coroners, Elisors and No-
taries Public shall be appointed for each
county and the city of Baltimore, in the
manner now prescribed by law, or in
such other manner as the General As-
sembly may hereafter direct. Sec. 22. No Judge shall sit in any case
wherein he may be interested, or where
either of the parties may be connected
with him by affinity or consanguinity,
within such degrees as may be prescribed
by law, or where he shall have been of
counsel in the case; and whenever any
of the judges of the circuit courts, or of
the courts for Baltimore city, shall be
thus disqualified, or whenever, by reason
of sickness, or any other cause, the said
judges, or any of them, may be unable
to sit in any cause, the parties may, by
consent, appoint a proper person to try
the said cause, or the judges, or any of
them, shall do so when directed by law. Sec. 23. The present Chancellor and
the Register in Chancery, and, in the
event of any vacancy in their respective
offices, their successors in office respec-
tively, who are to be appointed as at
present, by the Governor and Senate,
shall continue in office, with the powers
and compensation as at present estab-
lished, until the expiration of two years
after the adoption of this Constitution
by the people, and until the end of the
session of the Legislature next thereafter,
433

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 433   View pdf image (33K)
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