clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 13   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

13

ed, for each of the said Judicial circuits, except
the fifth, sne person from among those learned
in the law, having been admitted to practice in
this State, and who shall have been a citizen
of this State at least five years, and above the
age of thirty years at the time of his election,
and a resident of the Judicial Circuit to be
Judge thereof; the said judges shall be styled
Circuit Judges, and shall respectively hold a
term of their courts at least twice in each year,
or oftener it required by law, in each county
com posing their respective circuits; and the said
courts shall be called Circuit Courts tor the
county in which they may be held, and shall
have, and exercise in the several counties of
this State, all the power, authority and juris
diction which the county courts of this State
how have, and exercise, or which may here-
after be prescribed by law, and the said judges
in their respective circuits shall have and ex-
ercise all the power, authority and jurisdiction
of the present Court of Chancery of Maryland;
Provided, nevertheless, that Baltimore County
Court may hold its sittings within the limits of
the city of Baltimore until provision shall be
made by law for the location of a county seat,
within the limits of the said county proper,
and the erection of a court house and all other
appropriate buildings, for the convenient ad-
ministration of justice in said court.
Sec. 9. 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 there-
in, while they continue to act as judges; they
Shall be taken from among those who, having
the other qualifications herein prescribed, 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 ten years;
removable for misbehaviour, on conviction in
any 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 not be in-
creased or diminished during the time of their
continuance 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 styl-
ed "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 hun-
dred dollars; 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 spplications for the ben-
efit 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 Baltimore
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 recover
less than the sum or value of five hundred dol-
lars, 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, and in all other civil cases which have
not been heretofore assigned to the Court of
Common Pleas.
Sec. 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
constitution, with regard to the election and
qualification of judges, and their removal from
office; and the salary of each of the said
judges shall be twenty-five hundred dollars a,
year, and the Legislature shall, whenever it
may think the same proper and expedient,
provide, by law, another court for the city of
Baltimore, to consist of one judge, to be elected
by the qualified voters of the said city, who
shall be subject to the same constitutional
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 pre-
scribed by law.
Sec. 13. There shall also be a Criminal
Court for the city of Baltimore, to be styled
the Criminal Court of Baltimore, which shall
consist of one ju'lge, 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 salary
of two thousand dollars a year, shall be sub-
ject to the provisions of this constitution with
regard to the election and qualification 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,