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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 470   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

PART V.-ORPHANS'
COURTS.
Sec. 43. There shall be an Orphans'
Court in the city of Baltimore, and in
each of the counties of this State. The
qualified voters of the city of Baltimore
and of the several counties of the State
shall, on the Tuesday next after the first
Monday in the month of November,
eighteen hundred and sixty-seven, elect
three men to be Judges of the Orphans'
Court of said city and counties respec-
tively; one of the said Judges first elected
shall hold his office for two years, one
for four years and the other for six years ;
and at the first meeting after their
election and qualification, or as soon
thereafter as practicable, they shall
determine by lot which one of their
number shall hold his office for two, four
and six years, respectively, and thereafter
there shall be elected as aforesaid, at
each general election for county officers,
one Judge to serve for the term of six
years. No person shall be elected Judge
of the Orphans' Court unless he be at
the time of his election a citizen of the
United States and resident for twelve
months in the city or county for which
he may be elected; each of said Judges
shall receive such compensation, to be
paid by the said counties and city
respectively, as is now or may hereafter
be prescribed by the General Assembly. Sec. 44. In case of the death, resig-
nation, removal or other disqualification
of a Judge of an Orphans' Court, the
Governor, by and with the advice and
consent of the Senate, shall appoint a
person duly qualified to fill said office
for the residue of the term thus made
vacant. Sec. 45. The Orphans' Courts shall
have all the powers now vested by law
in the Orphans' Courts of this State,
subject to such changes as the General
Assembly may prescribe, and shall have
470

such other jurisdiction as may from time
to time be provided by law. Sec. 46. There shall be a Register, of
Wills in each county of the State and
in the city of Baltimore, to be elected by
the legal and qualified voters of said
counties and city 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 county officers, when a
Register shall be elected to serve for six
years thereafter.
PART VI.-JVSTICES OF THE PEACE.
Sec. 47. The Governor, by and with
the advice and consent of the Senate,
shall appoint such number of Justices
of the Peace, and the County Commis-
sioners of the several counties, and the
Mayor and City Council of Baltimore,
shall appoint such number of Constables
for the several Election Districts of the
Counties and Wards of the city of Balti-
more, as are now or may hereafter be
prescribed by law; and Justices of the
Peace and Constables so appointed, shall
be subject to removal by the Judge hav-
ing criminal jurisdiction in the county
or city for incompetency, willful neglect
of duty, or misdemeanor in office, on
conviction in a court of law. The Jus-
tices of the Peace and Constables so
appointed and commissioned shall be
conservators of the peace, shall hold their
office for two years, and shall have such
jurisdiction, duties and compensation,
subject to such right of appeal in all

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 470   View pdf image (33K)
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