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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 16   View pdf image
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16

and partly in the city of Baltimore, or whenever
persons proper to be made defendants to proceed-
ings in chancery, reside some in one county, anc
some in another, that court shall have jurisdic-
tion in which proceedings shall have been first
commenced, subject to such yules, regulations
and alterations as may be prescribed bylaw.
Sec. 28. In all suits or actions at law, issues
from the Orphans' Court or from any court sit
ting in equity, in petitions for freedom, and in
all presentments and indictments now pending,
or which may be pending at the time of the
adoption of this Constitution by the people, or
which may be hereafter instituted in any of the
coilrts of law of this State, having jurisdiction
thereof, the judge or judges thereof, upon sug-
gestion in writing, if made by the State's Attor-
ney, or the prosecutor for the State, or upon sug-
gestion in writing, supported by affidavit, made
by any of the parties thereto, or other proper
evidence, that a fair and impartial trial cannot be
had in the court where such suit or action at
law issues, or petitions or presentment and in
dietment is depending, shall order and direct the
record of proceedings in such suit or action, is-
sues or petitions presentment or indictment, to
be transmitted to the court of any adjoining
county; provided, that the removal in all civil
causes be confined to an adjoining county within
the judicial circuit, except as to the city of Bal-
timore, where the removal may be to an adjoin-
ing county, for trial, which court shall hear and
determine the same in like manner as if such
suit or action, issues or petitions, presentment or
indictment, had been originally instituted there
in; and provided also, that such suggestion shall
be made as aforesaid, before or daring the term
in which the issue or issues may be joined in
said suit or action, issues or petition, present
ment or indictment, and that such further reme
dy in the premises may be provided by law as
the Legislature shall from time tu time direct
and enact.
Sec. 29. All elections of judges and other offi-
cers provided for by this constitution, shall be
certified, and the returns made by the clerks of
the respective counties to the Governor, who
shall issue commissions to the different persons
for the offices to which they shall have been es
pectively elected; and in all such elections, the
person having the greatest number of votes, shall
be declared to be elected.
Sec. 30. If hrany case of election for Judges,
Clerks oi the Courts of Law and Registers of
Wills, the opposing candidates shall have an
equal number oi votes, it shall be the duty of
the Governor to order a new election, and in
case of any contested election, the Governor
shall send the returns to the House of Dele-
gates, who shall judge of the election and
, qualification of the candidates at such election
Sec. 31. Every person of good moral charac-

ter, being a voter, shall be admitted to practice
law in all the courts of law in this State in his
own case.
ARTICLE V.

The State's Attorneys.

Sec. 1. There shall be an Attorney for the
Stale in each county and the city of Baltimore,
to be styled "The State's Attorney," who shall
be elected by the voters thereof, respectively,
on the first Wednesday oi November next, and
on the same day every fourth year thereafter,
and hold his office for four years from the first
Monday of January next ensuing his election,
and until his successor shall be elected and qual-
iried/and shall be re-eligible thereto, and be sub-
ject to removal therefrom for incompetency,
willful neglect of duty or misdemeanor in of-
fice, on conviction in a court of law.
Sec. 2. All elections for the State's Attor-
ney shall be certified to, and returns made there-
of, by the Clerks of the said counties and city
to the Judges thereof having criminal jurisdic-
tion, respectively, whose duty it shall be to de-
cide 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 persona
elected.
Sec. 3. The State's Attorney shall perform
such duties and receive such fees and com-
missions as are now prescribed by law for the

Attorney General and his Deputise, and euch

other duties, fees and commissions as may
hereafter be prescribed by law; and if any
Stale's attorney shall receive any other fee or
leward than such as is, or may be allowed by
law, he shall, on conviction thereof, be removed
from office.
Sec 4. No person shall be eligible to the of'
fice of State's Attorney who has not been ad-
mitted to practice the law in this State, and who
has not resided for at least one year in the
county or city in which he may be elected.
Sec. 5. In case of vacancy in the office oi
State's Attorney, or of his removal from the
county or city in which he shall have been
elected, or on his conviction as herein before
specified, the said vacancy shall be filled by
the Judge of the county or city, respectively,
having criminal jurisdiction in which said va-
cancy shall occur, until the election and qual-
ification of his successor; at which election
said vacancy shall be filled by the voters of the
said county or city, 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, respectively, whenever a case
shall be brought into said court or office, in



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 16   View pdf image
 Jump to  
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