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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 469   View pdf image (33K)
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THE CONSTITUTION OF 1864

continue to act as such until the expi-
ration of the terms for which they were
respectively elected, and until their
successors are elected and qualified. Sec. 38. All causes pending in the
several Courts of Baltimore city at the
adoption of this Constitution shall be
prosecuted to final judgment, as though
the jurisdiction of the several Courts in
which they may be pending had not
been changed. Sec. 39. There shall be a Clerk of each
of the said Courts of Baltimore city,
who shall be elected by the legal and
qualified voters of said city, and shall
hold his office for six years from the time
of his election, and until his successor
is elected and qualified, and be re-
eligible thereto, subject to be removed
for willful neglect of duty, or other
misdemeanor in office on conviction in a
court of law. In case of a vacancy in
the office of a Clerk of any of the said
Courts, the Judge of the Court of which
he was Clerk, shall have the power to
appoint a Clerk until the general election
for county officers held next thereafter,
when a Clerk of said Court shall be
elected to serve for six years thereafter. Sec. 40. The present Clerk of the
Superior Court of Baltimore city and of
the Court of Common Pleas, and of the
Criminal Court of Baltimore, shall con-
tinue to act as Clerks of said Courts
respectively during the time for which
they were severally elected, and until
their successors are elected and qualified,
and in case of the death, resignation
or disqualification of either of said Clerks
before the expiration of the time for
which they were elected, the Judge of
the Court where such death, resignation
or other disqualification may occur, shall
have the power to appoint a Clerk as
provided by the Thirty-ninth Section of

this Article. The present Clerk of the
Circuit Court of Baltimore city shall
continue to act as Clerk of said Court,
until the first election for county officers
next after the adoption of this Consti-
tution, when a Clerk of said Court shall
be elected in the same manner, and hold
his office for the same time, and be sub-
ject to the same provisions of this Con-
stitution, as the Clerks of the Courts in
said city. Sec. 41. The General Assembly shall,
whenever it may think the same proper
and expedient, provide by law another
Court for the city of Baltimore, to con-
sist of one Judge, to be elected by the
legal and qualified voters of 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
Superior Court of said city, and said
Court shall have such jurisdiction and
powers as may be prescribed by law; and
the General Assembly may re-apportion
the civil jurisdiction among the several
Courts in Baltimore city from time to
time, as in their judgments the public
interest and convenience may require. Sec. 42. The Clerk of the Court of
Common Pleas shall have authority to
issue within said city, all marriage and
other licenses required by law, subject
to such provisions as the General Assem-
bly have now or may hereafter prescribe,
and the Clerk of the Superior Court
of said city, shall receive and record all
deeds., conveyances, and other papers
which are required by law to be recorded
in said city. He shall also have custody
of all papers connected with the pro-
ceedings on the Law or Equity side of
Baltimore County Court, and of the
dockets thereof, so far as the same have
relation to the city of Baltimore.
469

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 469   View pdf image (33K)
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