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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1312   View pdf image
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1312
laws of this State, and the supervision and
control of the trustees thereof."
Strike out the 30th section and insert the
following:
" The equity court of Baltimore city, shall
have exclusive jurisdiction as a court of
equity, within the limits of the said city, and
shall not have jurisdiction in applications for
the writ of habeas corpus."
Strike out section 31, and insert the fol-
lowing ;
"Sec. 31. The criminal court of Baltimore
city, shall have jurisdiction of all crimes and
offences committed in said city, and shall ex-
ercise all the jurisdiction now exercised by
the criminal court of said city, and shall have
jurisdiction in all cases of appeals from jus-
tices of the peace for the recovery of fines,
penalties, and forfeitures, and such other ju-
risdiction as the legislature may from time to
time prescribe."
Strike out section 32, and insert the fol-
lowing :
" Sec, .12. There shall be a clerk of the su-
perior court of Baltimore city, and aclerk of
the equity court of Baltimore city, and a
clerk of the court of common pleas of Balti-
more city, and a clerk of the criminal court
of Baltimore city, and each of the said clerks
shall be elected by the legal and qualified
voters of said city/and shall hold his office
for six years from the first day of January
succeeding his election, and until his suc-
cessor is elected and qualified, and be re-
eligible thereto, subject to be removed for
wilful neglect of duty or other misdemeaner
in office on conviction in a court of law. In
case of a vacancy in the office of a clerk of
any of said courts, the judge of the court of
which he was clerk, shall have the power to
appoint a clerk until the general election of
delegates held next thereafter, when a clerk
shall be elected for the residue of the term
thus made vacant."
Strike outsection 33, and insert:
"Sec. 33, The clerk of the court of com
mon pleas, shall have authority to issue
within said city, all marriage and other
licenses required by law, subject to such pro-
visions as the legislature have now or may
hereafter prescribe, and the clerk of the su-
perior court of said city shall have the cus
tody of all deeds, conveyances and other
papers now remaining in the office of said
court, and shall hereafter receive and recorn
all deeds, conveyances and other papers which
are required by law to be recorded in said
city. He shall also have custody of all other
papers connected with the proceedings on the
law or equity side of Baltimore county court
and of the dockets thereof so far as the game
have relation to the city of Baltimore."
Strike out section 34, and insert the fol
lowing:
"Sec. 34. The present clerk of the superior
court, and of the court of common pleas, and
of the criminal court, shall continue to act
as clerks of said courts respectively, for the
time which they were severally elected, and
in case of the death, resignation or disqualifi-
cation of either of said clerks before the ex-
piration of the time for which they were
elected, the judge of the court, where such
death, resignation or disqualification may
occur, shall have the power to appoint aclerk
as provided by the 33d section of this article.
The clerk of the present circuit court of Balti-
more city, shall continue to act as clerk of the
equity court of Baltimore city, until the first
election for members of the general assembly,
when a clerk of said equity court shall be
elected, in accordance with the provisions of
i this constitution."
Strike out section 35, and insert the fol-
lowing :
"Sec. 35. All the cases and proceedings
pending and undisposed of, on the equity
\ side of the superior court, shall after the
adoption of this constitution, be transmitted
by the clerk of the superior court to the
clerk of the equity court of said city, under
such regulations as the judge of said superior
court may deem necessary and proper."
Mr. AUDOUN gave notice that at the proper
time he would submit the following amend-
ment to the report of the committee on the
judiciary department:
Substitute for section 37 :
"The general assembly atits first session
after the adoption of this constitution, shall
fix the number of justices of the peace and
constables for each ward of the city of Balti-
more, and for each election district in the
' several counties, who shall be elected by the
' legal and qualified voters thereof respectively
at the next general election for delegates
' thereafter, and shall hold their offices for two
years from the time of their election, and until
their successors in office are elected and quali-
fied; and the general assembly may, from time
to time, increase or diminish the number of
justices of the peace and constables to be
elected in the several wards and election dis-
tricts, as the wants and interests of the peo-
ple may require. They shall be, by virtue of
their offices, conservators of the peace in the
said counties and city respectively, and shall
have such duties and compensation as now
exist, or may be provided for by law. 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 until the next
regular election of said officers, and in case
of a vacancy in the office of constable the
- county commissioners of the county in which
a vacancy may occur, or the mayor and city
council of Baltimore, as the case may be,
shall appoint a person to serve as constable
- until the next regular election thereafter for
said officers. An appeal shall lie in all civil
cases from the judgment of a justice of the
peace to the circuit court, or to the court of


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1312   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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