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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 15   View pdf image
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15

until the next regular election of said officers;
and in case of a vacancy ia the office of Con-
stable, the County Commissioners of the cotfnty
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 election thereafter for
said officers. An appeal shall lie in all civil
cases^ from the judgment of a Justice of the
Peace to the Circuit Court or to the Court ol
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 existing or which may be here-
after enacted. And the Mayor and City Coun-
cil 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 coun-
ty and in the city oi Baltimore, 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 com-
missioned by the Governor for the said office,
and having served for two years, such per-
son shall be ineligible for the two years next
succeeding; bond with security, to be taken
every year, and no sheriff shall be qualified 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 choeen as
aforesaid shall be commissioned by the Gover-
nor to execute the said office for the residue of
the said two years, the said person giving bond
with security as aforesaid. No person shall be
eligible to the office of sheriff hut 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 candidates,
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 returned to the Governor, with' a certificate
of the nunlber of ballots for each of them.
Sec. 21 . Coroners, Elisors and Notaries Pub-
lic 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
Assembly 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 disquali-
fied, 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 re-
gister in chancery, and in the event of any va.
cancy in their respective offices, their succes-
sors in office respectively, who are to be ap-
pointed as at preseat, 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 peo-
ple, and until the end of the session of the Le-
gislature next thereafter, after which the said
offices of Chancellor and Register shall be
abolished. The Legislature shall, in the mean-
time, provide by law for the recording, safe
keeping or other disposition, ol the records,
decrees and other proceedings of the court of
chancery, and for the copying and attestation
thereof, and for the custody and use of the great
seal of the State, when required, after the ex-
piration of the said two years, and for transmit-
ting to the said counties and to the city of Bal-
timore, all The cases and proceedings in said
court then undisposed of and unfinished, in
such manner, and under such regulations as
may be deemed necessary and proper; provided
that no new business shall originate in the said
court, nor shall any cause be removed to the
same from any other court, from and after the
ratification of this Constitution.
Sec. 24. The first election of Judges, Clerks,
Registers of Wills, and all other officers, whose
election by the people is provided for in this ar-
ticle of the constitution, except Justices of the
Peace and constables, shall take place through-
out the State on the first Wednesday of No-
vember next after the ratification of this consti-
tution by the people.
Sec. 25. In case of The death, resignation, .
removal, or other disqualification of a Judge
of any of the Courts of law, the Governor, by
and with the advice and consent of the Senate, .
shall thereupon appoint a person duly quali-
fied to fill said office, until the next general
election for delegates thereafter; at which time
an election shall be held as herein before pre-
scribed, for a judge, who shall hold the said
office for ten years, according to the provisions
of this Constitution.
Sec. 26. In case of the death, resignation,
removal, or other disqualification of the judge
of an Orphans' court, the vacancy shall be
filled by the appointment of the Governor, by
and with the advice and consent of the Senate.
Sec. 27. Whenever lands lie partly in one
county and partly in another, or partly in a county.



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 15   View pdf image
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