cases, from the judgment of Justices of
the Peace, as hath been heretofore
exercised, or shall be hereafter prescribed
by law.
Sec. 48. In the event of a vacancy
in the office of a Justice of the Peace,
the Governor shall appoint a person
to serve as Justice of the Peace for the
residue of the term, and in case of a
vacancy in the office of Constable, the
County Commissioners of the county in
which the vacancy occurs, or the Mayor
and City Council of Baltimore, as the
case may be, shall appoint a person to
serve as Constable for the residue of the
term.
PART VII.-SHERIFFS.
Sec. 49. 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
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THE CONSTITUTION OF 1864
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 quali-
fied; shall be ineligible for two years
thereafter, shall give such bond, exercise
such powers, and perform such duties
as now are or may hereafter be fixed by
law. In case of a vacancy by death,
refusal to serve, or neglect to qualify or
give bond, 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.
Sec. 50. Coroners. Elisors and Notaries
Public may be appointed for each county
and the city of Baltimore, in the manner,
for the purposes, and with the powers
now fixed or which may hereafter be
prescribed by law.
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ARTICLE V.
ATTORNEY GENERAL.
Section 1. There shall be an Attorney
General elected by the qualified voters
of the State, on general ticket, on the
Tuesday next after the first Monday
in the month of November, in the year
eighteen hundred and sixty-four, and on
the same day in every fourth year there-
after, who shall hold his office for four
years from the first Monday of January
next ensuing his election, and until his
successor shall be 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
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duty it shall be to decide upon the elec-
tion 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. 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
Appeals, or in the Supreme Court of the
United States, by or against the State,
or wherein the State may be interested;
and he shall give his opinion in writing,
whenever required by the General
Assembly, or either branch thereof, the
Governor, the Comptroller, the Treas-
urer, or any State's Attorney on any
471
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