90 CONSTITUTION OF MARYLAND. [ART. IV

may be elected. They shall have all the powers now vested in the
Orphans' Courts of the State, subject to such changes as the Legislature
may prescribe. Each of said Judges shall be paid a per diem for the
time they are actually in session, to be regulated by Law, and to be paid
by the said city or counties, respectively. In case of a vacancy in the
office of Judge of the Orphans' Court, the Governor shall appoint,
subject to confirmation or rejection by the Senate, some suitable person
to fill the same for the residue of the term.

Under this section, the legislature may not only make changes in the
powers which the orphans' courts had at the time the constitution of 1867
was adopted, but also .may confer additional powers upon them or take
away powers which they then possessed. The act of 1908, chapter 125,
authorizing orphans' courts to grant letters upon estates of persons sup-
posed to be dead because of absence for more than seven years, upheld.
Savings Bank v. Weeks, 110 Md. 92,

The "vacancy" referred to in this section is a vacancy occurring after
an election by the people; hence where the house of delegates acting
under section 12 decides that a person other than the incumbent is entitled
to an office, there is no vacancy within the meaning of this section which
the Governor may fill, but the house must order a new election under sec-
tion 12; the incumbent holds until some other person has been elected
by the people and qualified. Ijams v. Duvall, 85 Md. 261. And see Wells
v. Munroe, 86 Md. 448.

Article 4, section 17, of the constitution of 1851, compared with, and
refered to in construing, article 4, section 14, of that constitution—see
notes to section 25. Sansbury v. Middleton, 11 Md. 317.

Sections 25 and 26 of article 4, of the constitution of 1851, compared
with section 19 of article 4, of said constitution—see notes to article 4,
section 43. Cantwell v. Owens, 14 Md. 226.

See article 93, section 231, et seq., of the Annotated Code.

Sec. 41. There shall be a Register of Wills in each county of the
State, and the City of Baltimore, to be elected by the legal and qualified
voters of said counties, 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 wilful neglect of duty, or misdemeanor in office in the same manner
that the Clerks of the Courts are removable. In the event of any
vacancy in the office of the 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 Delegates to the General Assembly,
when a Register shall be elected to serve for six years thereafter.

Under article "4, section 18, of the constitution of 1851, a register of wills
held over at the expiration of his term until his successor qualified. Sap-
pington v. Scott, 14 Md. 52.

See notes to section 40.

See article 93, section 263 et seq. of the Annotated Code.

Part VI:—Justices of the Peace.

Sec. 42. The Governor, by and with the advice and consent of the
Senate, shall appoint such number of Justices of the Peace, and the
County Commissioners of the several counties, and the Mayor and City
Council of Baltimore, respectively, shall appoint such number of Con-
stables, for the several Election Districts of the counties and wards of