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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 472   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

matter or subject depending before them,
or either of them, and when required
by the Governor or the General
Assembly, he shall aid any State's Attor-
ney in prosecuting any suit or action
brought by the State, in any Court of
this State; and he shall commence and
prosecute or defend any suit or action
in any of said Courts, on the part of the
State, which the General Assembly or
the Governor acting, according to law,
shall direct to be commenced, prosecuted
or defended, and he shall receive for
his services an annual salary of twenty-
five hundred dollars; but he shall not
be entitled to receive any fees, perquisites
or rewards, whatever, in addition to the
salary aforesaid, for the performance of
any official duty, nor have power to
appoint any agent, representative or
deputy, under any circumstances what-
ever. Sec. 4. No person shall be eligible to
the office of Attorney General who has
not resided and practiced law in this
State, for at least seven years next pre-
ceding his election. Sec. 5. In case of vacancy in the office
of Attorney General, occasioned by
death, resignation, or his removal from
the State, or his conviction, as herein-
before specified, the said vacancy shall
be filled by the Governor for the residue
of the term thus made vacant. Sec. 6. It shall be the duty of the
Clerk of the Court of Appeals, and the
Commissioner of the Land Office, re-
spectively, whenever a case shall be
brought into said Court or office, in
which the State is a party, or has an
interest, immediately to notify the At-
torney General thereof.
THE STATE'S ATTORNEYS.
Sec. 7. There shall be an Attorney
for the State in each county and the
472

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 the month of November, eighteen
hundred and sixty-seven, 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 suc-
cessor shall be elected and qualified, and
shall be re-eligible thereto, and be sub-
ject to removal therefrom for incompe-
tency, willful neglect of duty or misde-
meanor in office, on conviction in a
court of law. 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, respec-
tively, 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. 9. The State's Attorney shall
perform such duties and receive such fees
and commissions as are now or may be
hereafter prescribed by law, and if
any State's Attorney shall receive any
other fee or reward than such as is, or
may be allowed by law, he shall, on
conviction thereof, be removed from
office; provided, that the State's Attor-
ney for Baltimore city shall have power
to appoint one Deputy, at a salary of
not more than fifteen hundred dollars
per annum, to be paid by the State's
Attorney out of the fees of his office, as
has heretofore been practiced. Sec. 10. No person shall be eligible
to the office of State's Attorney who has

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 472   View pdf image (33K)
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