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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 746   View pdf image (33K)
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Sec. 6. All Judges shall by virtue of their offices, be con-
servators of the peace throughout the State, and no fees or
perquisites, commission or reward of any kind shall be allowed
to any Judge in this State, besides his annual salary or fixed
per diem, for the discharge of any judicial duty.

Sec. 7. No Judge shall sit in any case wherein he may be
interested or where either of the parties may be connected
with him by affinity of consanguinity within such degrees as
now are or may hereafter be prescribed by law or where he
shall have been of counsel in the case.

Sec. 8. The General Assembly shall provide for the trial of
causes in case of the disqualification of the Judge of the Su-
perior Court of Baltimore city, the Court of Common Pleas,
the Circuit Court of Baltimore city, and the Criminal Court
of Baltimore, and also in case of the disqualification of any
Judge of other Circuits Courts of this State, to hear and de-
termine the same, but in case of such disqualification the par-
ties thereto may, by consent, appoint a person to try the
same; and the parties to any cause may submit the same to
the Court for determination without the aid of a Jury.

Sec. 9. The Judge or Judges of any Court of this State,
except the Court of Appeals, shall order and direct the record
of proceedings in any suit or action, issue or petition, pre-
sentment or indictment pending in such Court, to be trans-
mitted to some other Court in the same or any adjoining Cir-
cuit having jurisdiction in such cases, whenever any party to
such cause, or the counsel of any party shall make it satisfac-
torily appear to the Court that such party cannot have a fair
and impartial trial in the Court in which such suit or action,
issue or petition, presentment or indictment is pending; and
the General Assembly shall make such modifications of exist-
ing law as may be necessary to regulate and give force to
this provision.

Sec. 10. The Judge or Judge* of any Court may appoint
such officers for their respective Courts as may be found ne-
cessary, and it shall be the duty of The General Assembly to
prescribe by law a fixed compensation for all such officers.

Sec. 11. Every person being a citizen of the United States,
shall be permitted to appear to, and try his own case, in all
the Courts of the State.

Sec. 12. Any person who shall after this Constitution shall
have gone into effect, detain in slavery any person emancipa-
ted by the provisions of this Constitution shall, on conviction,
be fined not less than five hundred dollars, nor more than five
thousand dollars, or be imprisoned not more than five years;


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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 746   View pdf image (33K)
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