common pleas of Baltimore city, as the case
may be, and on all such appeals either party
shall be entitled to a trial by jury according
to the laws now existing or which be here-
after enacted. And the mayor and city
council of Baltimore shall have the exclusive
power to create, organize and govern such
police force for the good government of said
city as they may deem necessary."
Substitute for section 38 :
' ' There shall be elected in each county and
in the city of Baltimore every second year
two persons for the office of sheriff for each
county and two for the said city, the one of
whom having the highest number of votes of
the qualified voters of said county or city, or
if both have an equal number, either of them,
at the discretion of the governor to be com-
missioned by the governor for said office and
having served for two years, such persons
shall be ineligible for the two years next suc-
ceeding; bond with security to be taken every
year, and no sheriff shall be qualified to act be-
fore the same be given. In case of death, refusal,
disqualification or removal out of the county
before the expiration of the said two years,
the other person chosen as aforesaid shall be
commissioned by the governor to execute the
said office for the residue of the said two
years, the said person giving bond with se-
curity as aforesaid. No person shall be elig-
ible to the office of sheriff but a resident of
such county or city respectively, who shall
have been a citizen of this State at least five
years preceding his election, and above the
age of twenty-one years. The two candi-
dates, properly qualified, having the highest
number of legal ballots, shall be declared
duly elected for the office of sheriff for such
county or city, and returned to the governor,
with a certificate of the number of ballots
for each of them."
Mr. DANIEL gave notice that at the proper
time be would submit the following amend-
ment to part five of the report of the com-
mittee on the judiciary department, relating
to the courts of Baltimore city, being from
section twenty-seven to section thirty-six in-
clusive :
COURTS OF BALTIMORE CITY.
Sec.'—. There shall be in the eighth judicial
circuit three courts, to be styled the superior
court of Baltimore city, the court of common
pleas of Baltimore city and the criminal court
of Baltimore city; the said superior court
shall consist of three judges; and the said
court of common pleas and criminal court of
one judge each, all of whom shall be appoint-
ed in the same manner, hold their offices for
the same time, and have the same general
powers and duties as are berein prescribed for
other judges of courts of record in this State.
Sec. —. The superior court of Baltimore
city shall have jurisdiction over all suits where
the debt or damage claimed shall exceed the |
sum of one thousand dollars, and in case any
plaintiff or plaintiffs shall recover less than
the sum or value of one thousand dollars, he
or they shall be allowed or adjudged to pay
costs in the discretion of the court. The said
court shall also have jurisdiction as a court of
equity within the limits of the said city over
all suits and matters over which the present
superior and circuit courts now exercise juris-
diction, and in all cases pending in the present
superior court at the time of the adoption of
this constitution, where the debt or damage
claimed shall exceed the sum of five hundred
dollars, but shall not exceed the sum of one
thousand, and in all other civil cases not
herein after assigned to the court of common
pleas, subject to, such modifications as may be
made by law, and the judges shall so appor-
tion and distribute the business of their court
as shall best facilitate the despatch thereof
and promote the ends of justice.
Sec. —. Either of the judges of the said
superior court may sit alone for the disposi-
tion of all formal and uncon tested business as
well as such contested business as the parties
litigant shall consent to try before a single
judge; but it shall be the right of any party
to any contested cause pending in said court,
or that shall be pending in either the present
superior or circuit courts of said city, at the
time of the adoption of this constitution,
under such rules and regulations as the court
may prescribe, to require the presence of at
least two of the judges of said court at the
trial thereof. No order for an injunction or
the appointment of a receiver shall be passed
without the concurrence of at least two of the
judges therein.
Sec. —. One of the judges of said superior
court shall sit as chief judge of the orphans'
court of Baltimore city.
Sec. —. The court of common pleas of Bal-
timore city shall have jurisdiction in all suits
where the debt or damage claimed shall ex-
ceed the sum of one hundred dollars, and shall
not exceed the sum of one thousand dollars,
and are not already pending in the superior
court of Baltimore city; and shall also have
jurisdiction in all cases of appeal from the
judgment of justices of the peace in the said
city, and shall have jurisdiction in all appli-
cations for the benefit of the insolvent laws of
the State, and the supervision and control of
the trustees thereof, or such other jurisdiction
as may be prescribed by law.
Sec. —. The criminal court of Baltimore
city shall have all the jurisdiction now exer-
cised by the present criminal court of said
city, or such as may hereafter be prescribed
by law.
Sec. —. Each of the judges of the said su-
perior court, and the judge of the court of
common pleas and criminal court, shall re-
ceive an annual salary of thirty-five hundred
dollars, which shall not be increased or
diminished during their continuance in office. |
