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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 15   View pdf image (33K)
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15
this State, all the power, authority and
jurisdiction which the county courts of this
State now have and exercise, or which may
hereafter be prescribed by law, and the said
judges in their respective circuits, shall have
and exercise all the power, authority and
jurisdiction of the present court of chancery
of Maryland; provided, nevertheless, that Bal-
timore county court may hold its sittings
within the limits of tire city of Baltimore, un-
til provision shall be made by law for the
location of a country seat within the limits of
the said county proper, and the erection of a
court house and all other appropriate build-
ings, for the convenient administration of
justice in said court.
SEC. 8, The judges of the several judicial
circuits shall be citizens of the United States,
and shall have resided five years in this
State, and two years in the judicial circuit
for which 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 he taken from
Among those who having the other qualifica-
tions herein prescribed, are most distinguished
for integrity, wisdom and sound legal knowl-
edge, and shall be elected by the qualified vo-
ters of the said circuits, and shall hold their
offices for the term of ten 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 shall each
receive a salary of two thousand dollars a
year, and the same shall nor be increased or
diminished during the time of their continu-
ance in office; and no judge of any court in
this State, shall receive any perquisite, fee,
commission or reward, in addition thereto,
for the performance of any judicial duty.
SEC. 10. there shall be established for the
city of Baltimore one court of law, to be
styled "the court of common pleas," which
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 juris-
diction in all cases of appeal from the judg-
ment of justices of the peace in the said city,
and shall have jurisdiction in all applications
for the benefit of the insolvent laws of this
State, and the supervision and control of the
trustees thereof.
SEC. 11. There shall also be established
for the city of Baltimore, another court of
law, to be styled the superior court of Balti
more city, which shall have jurisdiction over
all suits where the debt or damage claimed
shall exceed the sum of five hundred dollars
and in case any plaintiff or plaintiffs shall re-
cover less than the sum or value of five hun
dred dollars, he or they shall be allowed or
adjudged to pay costs in the discretion of the
court. The said court shall also have juris-
diction as a court of equity within the limits
of the said city, and in all other civil cases
which have not been heretofore assigned to
the court of common pleas.
Sic. 12, Each of the said two courts shall
consist of one judge, who shall be elected by
the legal and qualified voters of the said city,
and shall hold his office for the term of ten
years subject to the provisions of this consti-
tution, with regard to the election and quali-
fication of judges and their removal from
office, and the salary of each of the said
judges shall be twenty-five hundred dol-
lars a year; and the legislature, shall, when-
ever it may think the same proper and expe-
dient, provide by law, another court for the
city of Baltimore, to consist of one judge to
beelected by the qualified voters of the said
city, who shall be subject to the same consti-
tutional provisions, hold his office for the
same term of years, and receive the same
compensation as the judge of the court of
common pleas of the said city, and the said
court shall have such jurisdiction and powers
as may be prescribed by law.
Sic. 13. There shall also be a criminal
court for the city of Baltimore, to he styled
the criminal court of Baltimore', which shall
consist of one judge, who shall also be elected
by the legal and qualified voters of the said
city, and who shall have and exercise all the
jurisdiction now exercised by Baltimore city
court, and the said judge shall receive a sala-
ry of two thousand dollars a year, and shall
be subject to the provisions of this constitu-
tion with regard to the election and qualifica-
tion of judges term of office and removal
therefrom.
SEC 14. There shall be in each county a
clerk of the circuit court, who shall be elected
by the qualified voters of each county, and
the person receiving the greatest number of
votes shall be declared and returned duly
elected clerk of said circuit court for the said
county, and shall hold his office for the term
of six years from the time of his election, and
until a new election is held; shall be re-eligi-
ble thereto, and subject to removal for wilful
neglect of duty, or other misdemeanor in
office, on conviction in a court of law. There
shall also be a clerk of the court of common
pleas in Baltimore city, and a clerk of the su-
perior court of Baltimore city, and there shall
also be a clerk of the criminal court of Balti-
more city, and each of said clerks shall be
elected as aforesaid by the qualified voters of
' the city of Baltimore, and shall hold his office
for six years from the time of his election,
and until a new election is held, and be re-
eligible thereto, subject, in like manner, to
be removed for wilful neglect of .duty or other
misdemeanor in office, on conviction in a
court of law. Ill case of a vacancy in the
r office of a clerk, the judge or judges of the
e court, of which he was clerk, shall have the
- power to appoint a clerk until the general


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 15   View pdf image (33K)
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