and until his successor his elected and qualified; he shall be reeligible, and subject at all times to removal for wilful neglect of duty, or misdemeanor in office in the same manner that the Clerks of 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.

Sappington, Adm'r v. Scott, 14 Md. 40.

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 Constables, for the several Election Districts of the Counties, and Wards of the City of Baltimore, as are now, or may hereafter be prescribed by Law; and Justices of the Peace and Constables, so appointed, shall be subject to removal by the Judge, or Judges, having criminal jurisdiction in the county, or city, for incompetency, wilful neglect of duty, or misdemeanor in office, on conviction in a Court of Law. The Justices of the Peace and Constables, so appointed, and commissioned, shall be Conservators of the Peace, shall hold their office for two years, and shall have jurisdiction, duties and compensation, subject to such right of appeal, in all cases, from the judgment of Justices of the Peace, as hath been heretofore exercised, or shall be hereafter prescribed by Law.

State v. Mace, 5 Md. 337. Cantwell v. Owens, 14 Md. 215. Smith v. Thursby, 28 Md. 244.

SEC. 43. In the event of a vacancy in the office of a Justice of the Peace the Governor shall appoint a person to serve as Justice of the Peace for the residue of the term; and in case of a vacancy in the office of Constable the County Commissioners of the county in which the vacancy occurs, or the Mayor and City Council of Baltimore, as the case may be, shall appoint a person to serve as Constable for the residue of the term.

Cantwell. Owens, 14 Md. 215. Mayor, &c., of Balt. v. Police Com'r of Balt., 15 Md. 376.

Part VII.-Sheriffs.

SEC. 44. There shall be elected in each county, and in the city of Baltimore, in every second year, one person, resident in said county or city, above the age of twenty-five years, and at least five years preceding his election, a citizen of this State, to the office of Sheriff. He shall hold his office for two years, and until his successor is duly elected and qualified; shall be ineligible for two years thereafter; shall give such bond, exercise such powers and perform such duties as now are or may hereafter be fixed by Law. In case of a vacancy by death, resignation, refusal to serve, or neglect to qualify, or give bond, or by disqualification, or removal from the county or city, the Governor shall appoint a person to be Sheriff for the remainder of the official term.

SEC. 45. Coroners, Elisors and Notaries Public may be appointed for each county and the city of Baltimore in the manner, for the purpose, and with the powers now fixed or which may hereafter be prescribed by Law.

ARTICLE V.

ATTORNEY GENERAL AND STATE'S ATTORNEYS.

Attorney General.

SECTION 1. There shall be an Attorney General elected by the -qualified voters of the State, on general ticket, on the Tuesday next after the first Monday in the month of November, Eighteen hundred and sixty-seven, and on the same day, in every fourth year thereafter, who shall hold his office for four years from the time of his election and qualification, and until his successor is elected and qualified, and shall be re-eligible thereto, and shall be subject to removal for incompetency, wilful neglect of duty, or misdemeanor in office, on conviction in a Court of Law.

Groome v. Gwinn, 43 Md, 572.

SEC. 2. All elections for Attorney General shall be certified to, and returns made thereof by the Clerks of the Circuit Courts for

the several counties, and the Clerk of the Superior Court of Baltimore City, to the Governor of the State, whose duty it shall be to decide on the election and qualification of the person returned; and in case of a tie between two or more persons, to designate which of said persons shall qualify as Attorney General, and to administer the oath of office to the person elected.

Groome v. Gwinn, 43 Md. 572.

SEC. 3. It shall be the duty of the Attorney General to prosecute and defend on the part of the State, all cases, which at the time of his appointment and qualification, and which thereafter may be depending in the Court of Appeals, or in the Supreme Court of the United States, by or against the State, or wherein the State may be interested; and he shall give his opinion in writing whenever required by the General Assembly, or either Branch thereof, the Governor, the Comptroller, the Treasurer, or any State's Attorney, on any legal matter, or subject depending before them, or either of them; and when required by the Governor, or the General Assembly, he shall aid any State's Attorney in prosecuting any suit or action brought by the State in any Court of this State; and he shall commence and prosecute, or defend, any suit or action in any of said Courts, on the part of the State, which the General Assembly, or the Governor, acting according to Law, shall direct to be commenced, prosecuted or defended; and he shall receive for his services an annual salary of Three Thousand dollars; but he shall not be entitled to receive any fees, perquisites, or rewards, whatever, in addition to the salary aforesaid, for the performance of any official duty; nor have power to appoint any agent, representative, or deputy, under any circumstances, whatever; nor shall the Governor employ any additional counsel in any case, whatever, unless authorized by the General Assembly.

Mayor &c. of Balto. v. Gill, 31 Md. 375.

SEC. 4. No person shall be eligible to the office of Attorney General, who is not a citizen of this State, and a qualified voter therein, and has not resided and practised Law in this State for at least ten years.

Groome . Gwinn, 43 Md. 572.

SEC. 5. In case of vacancy in the office of Attorney General, occasioned by death, resignation, removal from the State, or from office, or other disqualification, the said vacancy shall be filled by the Governor, 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 of 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 interest, immediately to notify the Attorney General thereof.

The State's Attorneys.

SEC. 7. 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 Tuesday next after the first Monday in November in the year eighteen hundred and sixty-seven, and on the same day every fourth year thereafter; and shall hold his office for four years from the first Monday in 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, or by a vote of two-thirds of the Senate, on the recommendation of the Attorney General.

SEC. 8. All elections for the State's Attorney shall he 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 Person elected.

SEC. 9. The State's Attorney shall perform such duties and receive such fees and commissions as are now, or may thereafter 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; provided, that the State's Attorney for Baltimore City shall have power to appoint one Deputy, at a salary of not more than fifteen hundred dollars per annum, to be paid by the State's Attorney out of the fees of his office, as has heretofore been practised.

SEC. 10. No person shall be eligible to the office of State's Attorney, who has not been admitted to practise Law in this State, and who has not resided for at least two years in the county or city in which he may be elected.

SEC. 11. 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 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, for the residue of the term thus made vacant.

SEC. 12. The State's Attorney, in each county, and the city of Baltimore, shall have authority to collect, and give receipt, in the name of the State, for such sums of money as may be collected by him, and forthwith make return of, and pay over the same, to the proper accounting officer. And the State's Attorney of each county, and the city of Baltimore, before he shall enter on the discharge of his duties, shall execute a Bond to the State of Maryland, for the faithful performance of his duties, in the penalty of ten thousand dollars, with two or more sureties, to be approved by the Judge of the Court, having criminal jurisdiction, in said counties or city.

ARTICLE VI.

TREASURY DEPARTMENT.

SECTION 1. There shall be a Treasury Department, consisting of a Comptroller, chosen by the qualified electors of the State, at each regular election of members of the House of Delegates, who shall receive an annual salary of Two Thousand Five Hundred dollars; and a Treasurer to be appointed by the two Houses of