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Const. art. 15, s.
51. Every clerk of a Circuit Court except the clerks of the courts of Baltimore city, the emoluments of whose office shall exceed the sum of three thousand dollars in any one year, after deemoluments to ducting therefrom the necessary expenses incident to his office for
1868, c. 54.
What part of
be paid into treasury.
Statement of proceeds, etc.
Not to exceed what amount.
1862. c. 255. Return of accounts of receipts and expenses.
Art. 18, s. 11. 1853, c. 444, s. 5.
the same period, shall pay the excess to the treasurer, and every such clerk, the emoluments of whose office shall not amount to the sum of three thousand dollars in any one year as aforesaid, may present a statement to the county commissioners of his county, under oath, showing the net proceeds of his office, together with a statement of the cost of the necessary record books, stationery, and fuel used in his office up to the first Monday in June in each year, and the said county commissioners are hereby authorized and empowered to pay or levy for the use of said clerk the amount of said books, stationery and fuel as aforesaid; provided, that the amount so paid or levied, shall not, when added to the said net proceeds of his office, exceed the sum of three thousand dollars.
52. Every clerk, including the clerk of the Court of Appeals, shall twice in every year, on the first Monday in June and December, return a full and accurate account of all his fees, emoluments, and receipts, whether on his own account as such clerk, or for the State, city, or county, including fines and forfeitures, and also of all expenses incident to his office, and such accounts shall be rendered under oath, and in such forms and supported by such proofs as shall be prescribed by the comptroller; and every clerk, including said clerk of the Court of Appeals, shall render with his account of the expenses incident to his office, a list of the clerks employed by him, stating the rate of compensation allowed to each, and the duties which they severally perform, and, also, the sums paid for stationery, official and contingent expenses, fuel and other things, and stating the purposes for which said expenses are applied; and in the account of fees, there shall be a separate statement of all those fees charged during the six months included in said account, which, at the date of said account, remained uncollected.
53. Any clerk who shall be guilty of false swearing in taking Penalty for false the oath required by the preceding section, with the intention to deceive and defraud the treasury, shall be guilty of perjury.
Id. s. 12.
Const. art. 3, s.
art. 15, s. 1.
1853, c. 444, s. 6; 1868, c. 54.
54. The official bonds of all such clerks shall be answerable for 45; art. 4, s. 37; the emoluments of their offices respectively over and above the sum of three thousand dollars each, except the bonds of the clerks Bond liable for of courts in Baltimore city, which shall be answerable for the emoluments of their several offices over and above the sum of thirty-five hundred dollars each, and they shall also, upon failure or neglect to pay or account for the excess over and above said sums be each subjected to a fine not exceeding one thousand dollars.
COMPENSATION OF ASSISTANT CLERKS, ETC.
Const. art. 4,s. 26.
55. The comptroller shall, from time to time, fix the compensa- Art. 18, s. 13. tion of the assistant clerks or deputies to be employed by any such 1853, c. 444. s. 4. clerk, and no account for compensation for services of any assistant of deputies, clerk, deputy, or other person employed in performing any of the how fixed." duties pertaining to the office of any such clerk, shall be allowed until such assistant clerk or other person employed shall have certified under oath that the same services have been performed, that he has received the full sum therein charged to his own use and benefit, and that he has not paid, deposited, or assigned, nor contracted to pay, deposit or assign, any part of such compensation to the use of any person, or in any way directly or indirectly paid, or given, nor contracted to pay or give, any reward or compensation for his office or employment, or the emoluments thereof.
CLERK OF THE COURT OF APPEALS.
1805, c. 65, s. 18.
What records, custody of.
etc., to have
56. The clerk of the Court of Appeals shall have the custody of Art. 18, s. 39. all the records and papers in the office of the late Court of Appeals, of the former Court of Appeals, and of the General Court, and shall give certified copies under the seal of his court of such papers and records, and such copies shall be evidence in the same manner as other certified copies of records are.
Id. s. 41. 1864, c. 340. of and how ap
1823, c. 195;
57. He shall renew his bond on or before the first day of August in every second year, which bond shall be approved by judges of the Court of Appeals, and recorded among the records said court.
58. He shall not be deemed to have abandoned his residence in the city or county where he resided at the time of his appointment, by reason of his residence in Annapolis, during the term for which he may have been appointed, unless he shall signify his intention so to abandon his residence in said city or county by voting in Annapolis.
To renew bond
1864, c. 340.
How he loses
43 Md. 573.
Term, four years. Removal.
Returns to be made to governor.
Case of tie.
Opinions to be given when required.
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.
SEC. 2. Al elections for attorney-general shall be certified to, and returns made thereof, by the clerks of the Circuit Courts of 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.
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 mat
ter 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; Prosecute suits. 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 thou- Salary, $3000. sand 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 allowed. any official duty; nor have power to appoint any agent, representative, or dep- Other counsel uty, under any circumstances whatever; nor shall the governor employ any not to be additional counsel, in any case whatever, unless authorized by the General As- employed. sembly.
SEC. 4. No person shall be eligible to the office of attorney-general who is Qualifications. not a citizen of this State, and a qualified voter therein, and has not resided 43 Md. 573. and practiced law in this State for at least ten years.
SEC. 5. In case of vacancy in the office of attorney-general, occasioned by Vacancy. death, resignation, removal from the State or from office, or other disqualifica
tion, the said vacancy shall be filled by the governor for the residue of the term
thus made vacant.
of State cases.
SEC. 6. It shall be the duty of the clerk of the Court of Appeals and of the Attorney-genecommissioner of the Land Office, respectively, whenever a case shall be brought ral to be notified 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 Election. 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 Term, four first Monday in January next ensuing his election, and until his successor shall years. be elected and qualified; and shall be re-eligible thereto, and be subject to re- Removal. moval 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.
made to crim
SEC. 8. All elections for the State's attorney shall be certified to, and returns Returns to be 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 Case of 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 Fees. and commissions as are now, or may hereafter be, prescribed by law; and if any State's attorney shall receive any other fee or reward than any 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 Deputy in annum, to be paid by the State's attorney out of the fees of his office, as has Baltimore city. heretofore been practiced.
SEC. 10. No person shall be eligible to the office of State's attorney who has Qualifications. not been admitted to practice 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 Vacancy. from the county or city in which he shall have been elected, or on his convic
tion, as herein specified, the said vacancy shall be filled by the judge of the
To collect money for the State.
1 H. & J. 721.
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.
1862, c. 177.
Duties of State's attorney.
THE STATE'S ATTORNEYS.
1. The State's attorney for each county shall, in such county, prosecute and defend, on the part of the State, all cases in which the State may be interested; and whenever in any case which he shall so prosecute, founded on an indictment or presentment found in any county or the city of Baltimore, an appeal shall be taken by either party to the Court of Appeals, it shall also be the duty of said State's attorney to prosecute or defend, as the case may be, said appeal in the Court of Appeals, for which service he shall be entiCompensation. tled to such compensation as may be allowed by the county commissioners of the county where said presentment or indictment was found, or by the Criminal Court of Baltimore, where indictment was found in said city, to be levied, collected, and paid as other costs now are in such cases; and in no such case shall counsel fees be paid by the State, unless to counsel specially retained by the gov
Art. 11, s. 19. 1795, c. 74, s. 2. Execution for
2. He shall, ex-officio, on the application of the sheriff of his county, order execution to be issued for the recovery of all fines, penalties, fines, penalties, and forfeitures, which shall be imposed by any court of record of this State, together with the costs accruing thereon.
Id. s. 20.
1831, c. 208, 8 3.
assault and battery cases.
3. The several courts of this State, having jurisdiction of crimes Compromise of and offences, may, in cases where recognizances to prosecute have been entered into, and before presentment or indictment found, upon the motion of the State's attorney, with the consent of the parties injured and accused, compromise any assault and battery, the party accused paying the same costs as would have been incurred by the finding a true bill and plea of guilty; provided, such courts shall consider it proper in reference to the peace of the State so to do.
Id. s. 21.
4. The State's attorney in the several counties and the city of Baltimore shall aid the comptroller and treasurer in the adjustment of the accounts of the clerks, registers, and sheriffs of their respective counties and the said city with the State, and shall advise