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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 240   View pdf image
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240

learned in the law for the trial and determina-
tion of said case or cases.
Sec. 8. All judges of the Court of Appeals, of
the county courts and of the courts for the city
of Baltimore, shall by virtue of their offices, be
conservators of the peace throughout the State.
The style of all laws shall run thus: "Be it en-
acted by the General Assembly of Maryland;"
all public commissions and grants thus : "The
State of Maryland, &c.;" and shall be signed by
the Governor, with the seal of the State annex-
ed; all writs and process shall run in the same
style, and be sealed and signed as usual, and all
indictments shall conclude, "against the peace,
government and dignity of the State."
Sec. 9. There shall be a county court in each
county of the State, to consist of one judge, who
shall be elected by a plurality vote of the quali-
fied and legal voters of said county, from among
those learned in the law, having been admitted
to practice the law in this State, and who shall
have been a citizen of this State at least five
years, and above the age of thirty years at the
time of his election, and a resident of said coun-
ty. The said judge shall hold his office for the
term of ten years from the time of his election,
or until he shall have attained the age of seventy
years, whichever may first happen, and be re-
eligible thereto until he shall have attained the
age of seventy years, and not after, subject to be
removed for incompetency, wilful neglect of
duty, misdemeanor in office, and such other
causes as may be prescribed by law, by present-
ment of a Grand Jury and conviction of a petit
jury of said county, or by the Governor, upon
the address of the General Assembly, two-thirds
of the members of each House concurring in such
address. His salary shall be two thousand dol-
lars annually, which shall not be diminished du-
ring his continuance in office. He shall reside
in or near the county town, and shall hold two
common law terms in each and every year, at
such times and places as may be prescribed by
law, and attend at the court house of said county
as often as the Legislature may prescribe by law
for the transaction and despatch of judicial busi-
ness.
Sec. 10. The said county courts, or the judges
thereof respectively, shall be courts of law and
equity, and have original jurisdiction in all civil
and criminal cases arising in their respective
limits; and in all respects have the same powers
and jurisdiction that the present county courts
of this State now have, or which shall hereafter
be prescribed by law. They shall also have ex-
clusive jurisdiction in all matters relating to last
wills and testaments, executors and administra-
tors and guardians, within their respective limits,
and all and every other power which the orphans'
courts of this State now have, or which may be
hereafter prescribed by law. They shall also
have and exercise appellate jurisdiction from the
judgments of justices of the peace, subject to
such rules and regulations as may be prescribed
by law.
Sec. 11. There shall be established for the city
of Baltimore, one court with common law juris-
diction, to be styled the court of "Common

Pleas," which shall have civil jurisdiction in all
suite where the debt or damage claimed, shall not
exceed five hundred dollars.
Sec. 12. There shall also be in said city, anoth-
er common law court, having jurisdiction over all
suits where the debt or damages claimed, shall
exceed the sum of five hundred dollars; and each
of said courts shall be vested with all powers
now held and exercised by Baltimore county
court, as a court of law; and this last court shall
be styled "the Superior court of Baltimore
city."
Sec. 13. There shall also be established a court
having equity jurisdiction, for the city of Balti-
more, whose style shall be "the Chancery court
of the city of Baltimore," and which shall have
and exercise the equity jurisdiction now exer-
cised by Baltimore county court, sitting as a court
of equity. Each of the said three courts shall
consist of one Judge, who shall hold his office for
the term of ten years, subject to the provisions
of this Constitution, with regard to the elec-
tion, and qualification of Judges and their re-
moval from office; and the salary of each of the
said Judges shall be twenty-five hundred dollars
per year.
Sec. 14. The court of common pleas shall have
Jurisdiction in all appeals from Magistrates' decisions
in the said city, and the said appeals shall
be made to the said court; and the Chancery
court shall have jurisdiction in all applications
for the benefit of the insolvent laws of this State,
and of the administration of the estates of insol-
vent debtors, and the supervision and control of
the trustees thereof.
Sec. 15. There shall be established an orphans'
court for Baltimore city, which shall consist of
one Judge, who shall bold his office for the term
of ten years, and who shall have all the powers
now vested in the orphans' court of Baltimore
county, within the limits of said city, subject to
such regulations as the Legislature may establish
for the conduct of the ordinary business of the
said court, by the Register of Wills of the said
city; and who shall be subject to the provisions of
this Constitution, as to the election and qualifica-
tions of Judges and their removal therefrom; and
the salary of the said Judge shall be two thousand
dollars per year.
Sec. 16. There shall also be a criminal court
for the city of Baltimore, to be styled "the
Criminal court of Baltimore city," which shall
consist of one Judge, and shall have and exercise
all the jurisdiction now exercised by Baltimore
city court, except so far as the same may be
vested in the police court hereafter to be estab-
lished, and shall have exclusive jurisdiction in
cases of petition for freedom, and in all cases of
petitions to cancel or enforce contracts of ap-
prenticeship—and the said Judge shall receive an
annual salary of two thousand dollars per an-
num, and shall be subject to the provisions of
this Constitution, with regard to the election and
qualification of Judges and their removal from
office.
Sec. 17. There shall also be established a. court
to be styled "the Police court of Baltimore city,',
to consist of one Judge) who shall hold this office



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 240   View pdf image
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