88 CONSTITUTION OF MARYLAND. [ART. IV

The clerk of the criminial court of Baltimore, in view of article 4, sec-
tion 16, of the constitution of 1851, was entitled to take the affidavit
provided for by the stamp law of 1844, chapter 280. Atwell v. Grant, 11
Md. 104.

This section referred to in construing sections 11, 12 and 25—see notes
to the latter section. Wells v. Munroe, 86 Md. 450.

See notes to sections 6 and 25.

Sec. 38. 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 are now or may be pre-
scribed by law. The Clerk of the Superior Court of said city shall
receive and record all deeds, conveyances and other papers, which are
or may be required by Law to be recorded in said city. He shall also
have custody of all papers connected with the proceedings on the Law
or Equity side of Baltimore County Court and the dockets thereof, so
far as the same have relation to the City of Baltimore, and shall also
discharge the duties of Clerk to the Supreme Bench of Baltimore City
unless otherwise provided by Law.

This section referred to in deciding that a license required by article 4,
section 658, of the public local laws (applicable to Baltimore city), should
be issued by the state and not by the city of Baltimore; hence an indict-
ment charging a failure to obtain such licenses "contrary to the form of
the act of assembly," etc., is not demurrable. Weber v. State, 116 Md. 409.
This section' referred to in deciding that a clerk who deposits in hank
until it is paid over, money of the state collected for licenses and from
other sources, is liable for interest received thereon from the banks. Van-
sant v. State, 96 Md. 124.

Under article 4, section 15, of the constitution of 1851, the clerk of the
court of common pleas was held to have no authority to record mechan-
ics' liens, since by said section they were required to be recorded in the
office of the clerk of the superior court. Miller v. Barroll, 14 Md. 184.

Sec. 39. The General Assembly shall, whenever it may think the
same proper and expedient, provide, by Law, another Court for the
City of Baltimore, and prescribe its jurisdiction and powers; in which
case there shall be elected by the voters of said city, qualified under this
Constitution, another Judge of the Supreme Bench of Baltimore City,
who shall be subject to the same constitutional provisions, hold his office
for the same term of years, receive the same compensation, and have
the same powers, as are herein provided for the Judges of said Supreme
Bench of Baltimore City; and all of the provisions of this Constitu-
tion relating to the assignment of Judges to the Courts, now existing
in sail City, and for the dispatch of business therein, shall apply to
"the Court, for whose creation provision is made by this Section.* And
the General Assembly may reapportion, change or enlarge the jurisdic-
tion of the several Courts in Baltimore City. Until otherwise provided
by Law, the Clerk of the Superior Court of Baltimore City, of the
Court of Common Pleas, of the Circuit Court of Baltimore City, of

*Under this section, the general assembly, by the act of 1888, chapter 194,
established the circuit court No. 2 of Baltimore City, conferring upon it the same
jurisdiction as that possessed by the circuit court of Baltimore City.