518

CONSTITUTION — ART. IV.

shall not be diminished nor increased during the continuance of said judges in
office

Assignment of
judges.

SEC 32 It shall be the duty of the said Supreme Bench of Baltimore City,
as soon as the judges thereof shall be elected find duly qualified, and from time
to time, to provide for the holding of each of the aforesaid courts, by the as-
signment of one, or more, of their number to each of the said courts, who may
sit, either separately or together, in the trial of esses; and the said Supreme

May be changed
from time to
time

Bench of Baltimore City may, from time to time, change thp said assignment,
as circumstances may require and the public interest may demand; and the
judge or judges, so assigned to the said several courts, shall, when holding the

Jurisdiction.

same, have all the powers and exercise all the jurisdiction which may belong to
the court so being held; and it shall also be the duty of the said Supreme Bench

Sickness,
absence, etc.

of Baltimore City, in case of the sickness, absence, or disability of any judge
or judges, assigned as aforesaid, to provide for the hearing of the cases, or trans-
action of the business assigned to said judge or judges, as aforesaid, before some
one or more of the judges of said court

1870, c 177
General terms
30 Md 558 , 31
Md 239, 329 , 33
Md 288,481, 34
Md 42 , 35 Md
249,39 Md 309
Rules to be
made
Jurisdiction.

SEC 33. The said Supreme Bench of Baltimore City shall have power, and
it shall be its duty to provide for the holding of as many general terms as the
performance of its duties may require, such general terms to be held by not
less than three judges; to make all needful rules and regulations for the con-
duct of business in each of the said courts, during the session thereof, and in
vacation, or in chambers, before any of said judges; and shall also have juris-
diction to hear and determine all motions for a new trial in cases tried in any of
said courts, where such motions arise, either on questions of fact, or for misdi-
rection upon any matters of law, and all motions in arrest of judgment, or
upon any matters of law determined by the said judge, or judges, while hold-
ing said several courts , and the said Supreme Bench of Bnltimore City shall
make all needful rules and regulations for the hearing before it of all of said

Right of appeal

matters; and the same light of appeal to the Court of Appeals shall be allowed
from the determination of the said court on such matters, as would have been
the right of the parties if said matters had been decided by the court in which
said cases were tried *

No appeal on
decisions on
appeal from
justices of the
peace

SEC. 34 No appeal shall lie to the Supreme Bench of Baltimore City, from
the decision of the judge, or judges, holding the Baltimore City Court in ease
of appeal from a justice of the peace; but the decision by said judge or judges
shall be final; and all writs or other process issued out of either of said courts,

Test of write

requiring attestation, shall be attested in the name of the chief judge of the
said Supreme Bench of Baltimore City

Quorum, three
judges

SEC 85. Three of the judges of said Supreme Bench of Baltimore City
shall constitute a quorum of said Court.

Cases pending
to be proceeded
with

SEC 36 All causes depending, at the adoption of this Constitution, in the
Superior Court of Baltimore City, the Court of Common Pleas, the Criminal

* The not of 1870, ch 177, entitled An act to change the jurisdiction of the
Supreme Bench of Baltimore City, and re-apportion and enlarge the jurisdic-
tion of the Baltimore City Court, the Superior Court of Baltimore City, and
the Court of Common Pleas, as provided by section 39, of Article 4, of the
Constitution, enacts, inter alia that the judge before whom any case may
hereafter be tried, in either the Baltimore City Court, the Superior Court of
Baltimore City, or in the Court of Common Pleas, shall have exclusive ju-
risdiction to hear and determine, and the said judge shall hear and deter-
mine all motions for a new trial where such motions arise, either on ques-
tions of fact or for misdirection upon any matters of law, nnd all motions
in arrest of judgment, or upon any matters of law, determined by the said
judge; and all such motions shall be heard and determined within thirty
days after they are made.