by the Governor to execute the said office for the residue of the said two years, the said per son giving bond with security as aforesaid. No person shall be eligible to the office of sheriff Qualifications. but 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 Gov- Returns of Elecernor, with a certificate of the number of ballots for each of them. tions. and Notaries SEC. 21. Coroners, Elisors and Notaries Coroners, Elisors Public shall be appointed for each county and Public. 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 of Baltimore city, shall be thus disqualified, 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 Register in Chancery, and, in the event of any Judges disqualiin certain cases. 1853, ch. 299. fied from sitting 68. do. 425. Provisions for such cases and Provisions for abolishing the Court of Chancery. 1854, ch. 149. 1853, ch. 131. 1854, ch. 81. 1853, ch. 123. 1854, ch. 183. Time of Election of Judges, Clerks and Registers of Wills. vacancy in their respective offices, their successors in office respectively, who are to be appointed as at present, by the Governor and Senate, shall continue in office, with the powers and compensation as at present established, until the expiration of two years after the adoption of this Constitution by the people, and until the end of the session of the Legislature 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, safekeeping, or other disposition, of 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 expiration of the said two years, and for transmitting to the said counties, and to the city of Baltimore, 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 article of the Constitution, except justices of the peace and constables, shall take place throughout the State on the first Wednesday of November next after the ratification of this Constitution by the people. case of Death, &c, of Judges of Courts of Law. SEC. 25. In case of the death, resignation, Provisions in 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 qualified, to fill said office until the next general election for delegates thereafter; at which time an election shall be held as hereinbefore prescribed, for a judge, who shall hold the said office for ten years, according to the provisions of this Constitution. Provisions in - cases of Death, &c., of Judges of Orphans' Courts. Chancery cases. 1852, ch. 16, sec. 5. 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 Jurisdiction in county, and partly in another, or partly in a county and partly in the city of Baltimore, or whenever persons proper to be made defendants to proceedings in Chancery, reside some in one county and some in another, that court shall have jurisdiction in which proceedings shall have been first commenced, subject to such rules, regulations and alterations as may be prescribed by law. to an adjoining do. 315. 2 Md. 274. 5 370. SEC. 28. In all suits or actions at law, issues Removal of cases from the Orphans' Court or from any court county. sitting in equity, in petitions for freedom, and 1852, ch. 169. in all presentments and indictments now pend- 1854, ch. 325. ing, or which may be pending at the time of 8 Md. 449. the adoption of this Constitution by the people, or which may be hereafter instituted in any of the courts of law of this State, having jurisdiction thereof, the judge or judges there for removal to be made. removals to be made. How suggestions of, upon suggestion in writing, if made by the State's Attorney, or the prosecutor for the State, or upon suggestion 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 indictment is depending, shall order and direct the record of proceedings in such suit or action, issues or petitions, presentment or indictment, to be transmitted to the To what County 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 Baltimore, where the removal may be to an adjoining 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 therein; and provided also, that such suggestion shall be made as aforesaid, before or during the term in which the issue or issues may be joined in said suit or action, issues or petition, presentment or indictment, and that such further remedy in the premises may be provided by law, as the Legislature shall from time to time direct and When suggestions for removal to be made. Elections and 1853, ch. 134. enact. SEC. 29. All elections of judges, and other officers 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 respectively elected; and in all such elections, the person having the greatest number of votes, shall be declared to be elected. and contested SEC. 30. If, in any case of election for Judges, Cases of a tie Clerks of the Courts of Law and Registers of elections. Wills, the opposing candidates shall have an equal number of 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 Delegates, who shall judge of the election and qualification of the candidates at such election. their own cases. SEC. 31. Every person of good moral cha- Voters may plead racter, 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. Term of Office of the State's Attorneys. SECTION 1. There shall be an attorney for Election and the State 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 of 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 qualified, and shall be re-eligible thereto, and be subject to removal therefrom for incompetency, wilful neglect of duty or misdemeanor in office, on conviction in a court of law. |