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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1311   View pdf image (33K)
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1311
they may be respectively elected, next before
the time of their election, and shall reside
therein while they continue to act as judges,
they shall be taken from among those who
having the other qualifications herein pre-
scribed, are most distinguished for integrity,
wisdom and sound legal knowledge; and
shall be elected by the qualified voters of the
said circuits, and shall hold their offices for
the term of — years, removable for
misbehavior on conviction in a court of law,
or by the governor upon the address of the
general assembly, provided that two-thirds
of the members of each house shall concur in
such address, and the said judges (except the
fifth judicial circuit) shall each receive a sal-
ary of three thousand dollars per year, and
the same shall not be increased or diminished
during the time of their continuance in of-
fice, and no judge of any court in this State
shall receive any perquisite, fee, commission,
or reward in addition thereto, for the per-
formance of any judicial duty."
Strike out the 21st section, and insert the
following:
"Sec. 21. The present judge of the first
judicial circuit, and the present judge of the
second judicial circuit, and the present judge
of the third judicial circuit, and the present
judge of the fourth judicial circuit, and the
present judge of the fifth judicial circuit, and
the present judge of the ninth judicial cir-
cuit shall continue to act as judge of the
several courts of their respective circuits,
until the expiration of the time for which
they have been severally elected, and until
their successor is elected and qualified. The
present judge of the sixth judicial circuit
shall be the judge of the seventh judicial cir-
cuit, and the present judge of the seventh
judicial circuit shall be the judge of the eighth
judicial circuit until the expiration of the
time for which they have been respectively
elected, and until their successors are re-
spectively elected and qualified, and in case
of the death, resignation, removal or other
disqualification of any of the judges hereby
continued in office, 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 pre-scribed
for a judge, who shall hold said office
for — years, according to the provi-
sions of this constitution; there shall also
be elected by the legal and qualified voters of
the sixth judicial circuit on the —— of
——, 1864, one person to be judge of
said circuit, who shall possess the same qual
ifications, exercise the same powers, receive
the same salary, and serve for the same term
as prescribed for the judges of the several
circuits."
Strike out the 24th section and insert the
following:
" Sec. 24. The qualified voters of the city
of Baltimore, and of the several counties of
the State, shall on Tuesday next after the
first Monday in the month of November,
1867, and on the same day in the same month
in every fourth year thereafter elect three
men to be judges of the orphans' court of
said city and counties respectively, one of
whom shall have been admitted to practice
law in this State for at least five years before
his election, and who shall be the chief jus-
tice of the orphans' court, and who shall be
citizens of the State of Maryland and citizens
of the city or county for which they may be
severally elected, at the time of their elec-
tion, and each of said judges shall be paid an
annual salary of fifteen hundred dollars, ex-
cept the chief justice, who shall receive an
annual salary of two thousand dollars, and
which shall be paid by the said counties and
city respectively."
Strike out the 27th section, and insert the
following:
" Sec, 27. There shall be in the fifth judi-
cial district, four courts to be styled the su-
perior court of Baltimore city, the equity
court of Baltimore city, the court of common
pleas of Baltimore city, and the criminal
court of Baltimore city; each court to consist
of one judge, who shall be elected by the
legal and qualified voters of said city, and
shall hold his office for the term of ten years,
subject to the provisions of this constitution
with regard to the election and qualification
of judges and their removal from office, and
the salary of each of said judges shall be
three thousand five hundred dollars per an-
num, payable quarterly."
Strike out the 28th section and insert :
" Sec, 28. The superior court of Baltimore
city, shall have jurisdiction over all suits
where the debt or damage claimed shall ex-
ceed the sum of five hundred dollars, and in
case any plaintiff or plaintiffs shall recover
less than the sum or value of five hundred
dollars, he or they shall be allowed or ad-
judged to pay costs in the discretion of the
court. The said court shall also have juris-
diction in all other civil cases, which are not
assigned to the court of common pleas and
the equity court of Baltimore city."
Strike out section 29, and insert the fol-
lowing,
. "Sec. 29. The court of common pleas shall
have civil jurisdiction in all suits where the
debt or damage claimed shall be over one
hundred dollars, and shall not exceed five
' hundred dollars, and shall also have original
jurisdiction in actions of replevin—where the
thing replevied does not exceed five hundred
1 tion in all cases of appeal in civil cases from
the judgment of justices of the peace in the
said city, and shall have jurisdiction in all
applications for the benefit of the insolvent


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1311   View pdf image (33K)
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