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the other person chosen as aforesaid, shall be commissioned by the Governor 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 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 Governor, with a certificate of the number of ballots for each of them.

21. Coroners, Elisors and Notaries Public 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.

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 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.

23. The present Chancellor and the Register in Chancery, and, in the event of any 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, safe-keeping, 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 Balti more, 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.

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 con

stables, shall take place throughout the State on the first Wednesday of November next after the ratification of this Constitution by the people.

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 qualified, to fill said office until the next general election for delegates thereafter; at which time an election shall be held as herein before prescribed, for a judge, who shall hold the said office for ten years, according to the provisions of this Constitution.

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.

27. Whenever lands lie partly in one 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.

28. In all suits or actions at law, issues from the Orphans' Court or from any court sitting 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 courts of law of this State, having jurisdiction thereof, the judge or judges thereof, 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 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 enact.

29. All Election 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.

30. If in any case of election for Judges, Clerks of the Courts of Law and Registers of 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.

31. Every person of good moral character, 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 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.

2. 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, respectively, 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.

3. The State's Attorney shall perform such duties and receive such fees and commissions as are now prescribed by law for the Attorney General and his deputies, and such other duties, fees and commissions as may hereafter be 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.

4. No person shall be eligible to the office of State's Attorney who has not been admitted 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.

5. In case of vacancy in the office of 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 vacancy shall occur, until the election and qualification 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.

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 which the State is a party, or has an interest, immediately to notify the Governor thereof.

ARTICLE VI.-Treasury Department.

SEC. 1. There shall be a Treasury Department, consisting of a Comptroller, chosen by the qualified electors of the State, at each election of members of the House of Delegates, who shall receive an annual salary of two thousand five hundred dollars; and of a treasurer, to be appointed by the two Houses of the Legislature, at each session thereof, on joint ballot, who shall also receive an annual salary of two thousand five hundred dollars; and neither of the said officers shall be allowed or receive any fees, commissions, or perquisites of any kind, in addition to his salary, for the performance of any duty or service whatever. In case of a vacancy in either of the offices, by death or otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such vacancy by appointment, to continue until another election by the people, or a choice by the Legislature, as the case may be, and the qualification of the successor. The Comptroller and the Treasurer shall keep their offices at the seat of Government, and shall take such oath, and enter into such bonds, for the faithful discharge of their duties, as the Legislature shall prescribe.

2. The Comptroller shall have the general superintendence of the fiscal affairs of the State: he shall digest and prepare plans for the improvement and management of the revenue, and for the support of the public credit; prepare and report estimates of the revenue and expenditure of the State: superintend and enforce the collection of all taxes and revenue; adjust, settle and preserve all public accounts; decide on the forms of keeping and stating accounts; grant, under regulations prescribed by law, all warrants for moneys to be. paid out of the Treasury, in pursuance of appropriations by law; prescribe the formalities of the transfer of stock or other evidences of the State debt; and countersign the same, without which such evidences shall not be valid; he shall make full reports of all his proceedings, and of the state of the Treasury Department within ten days after the commencement of each session of the Legislature, and perform such other duties as shall be prescribed by law.

3. The Treasurer shall receive and keep the moneys of the State, and disburse the same upon warrants drawn by the Comptroller, and not otherwise; he shall take receipts for all moneys paid by

him, and all receipts for moneys received by him shall be endorsed upon warrants signed by the Comptroller, without which warrant, so signed, no acknowledgment of money received into the Treasury shall be valid; and upon warrants issued by the Comptroller he shall make arrangements for the payment of the interest of the public debt, and for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other evidence of the debt of the State, shall be signed by the Treasurer and countersigned by the Comptroller, and no new certificate or other evidence intended to replace another shall be issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same shall be filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other evidence cancelled; but the Legislature may make provision for the loss of certificates or other evidence of the debt.

4. The Treasurer shall render his accounts quarterly to the Comptroller; and on the third day of each session of the Legislature he shall submit to the Senate and House of Delegates fair and accurate copies of all accounts by him from time to time rendered and settled with the Comptroller. He shall at all times submit to the Comptroller, the inspection of the moneys in his hands, and perform all other duties that shall be prescribed by law.

ARTICLE VII.-Sundry Officers.

SEC. 1. At the first general election of Delegates to the General Assembly, after the adoption of this Constitution, four Commissioners shall be elected as hereinafter provided, who shall be styled "Commissioners of Public Works," and who shall exercise a diligent and faithful supervision of all public works, in which the State may be interested as stockholder or creditor, and shall represent the State in all meetings of the stockholders, and shall appoint the Directors in every Rail Road or Canal Company, in which the State has the constitutional power to appoint Directors. It shall also be the duty of the Commissioners of Public Works to review, from time to time, the rate of tolls adopted by any company; use all legal powers which they may possess to obtain the establishment of rates of tolls, which may prevent an injurious competition with each other, to the detriment of the interests of the State; and so to adjust them as to promote the agriculture of the State. It shall also be the duty of the said Commissioners of Public Works to keep a journal of their proceedings; and at each regular session of the Legislature to make to it a report, and to recommend such legislation as they shall deem necessary and requisite to promote or protect the interest of the State in the Public Works; and perform such other duties as may be prescribed by law. They shall each receive such salary as may be allowed by law, which shall not be increased or diminished during their continuance in office.

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