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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 341   View pdf image (33K)
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341
preme Court of Baltimore City ;" and immediately after the
said additional Judge shall have qualified, the said Court
shall so re-apportion the business of said Court as to promote
the most efficient dispatch thereof.
PARTY.—ORPHANS' COURTS.
" Sec. 36. There shall be an Orphans' Court in the city of
Baltimore, and in each of the counties of this State, to be
held in the case of the city of Baltimore, by one of the Judges
of the " Supreme Court of Baltimore City " assigned thereto,
and in the case of the counties by the Judges of the respective
Circuit Courts as follows : The Associate Judge of the Cir-
cuit Court shall be the Judge of the Orphans' Court of the
county in which he resides, and when the Circuit is composed
of three or more counties, in one or more of which no Asso-
ciate Judge shall reside, one of said Associates shall be as-
signed thereto by the Judges of said Circuit, who shall be the
Judge af the Orphans' Court of said county or counties, and
each Judge of the Orphans' Court of a county shall hold terms
of his Court in said county at such time or times as he jaay
think the business of said Court may require, or as the Gen-
eral Assembly may direct; provided, such terms shall never
be less than four in in each year, and in case any Judge of
the Orphans' Court shall be disqualified or unable to sit in
any cause pending in such Court, any Judge of the samo Cir-
cuit assigned thereto by the Judges of the Circuit, may hear
and determine the same in the place of such disqualified
Judge. All the acts of the said Judges in said Courts shall
be done in the name of the Orphans' Court of said city and
county respectively, and when required, shall be so certified.
Sec. 37. The Orphans' Courts shall have all the powers
now rested by law in the Orphans' Courts of this State, ex-
cept the power to decree sales of real estate, subject to such
changes as the General Assembly may prescribe, and shall
also have power to review and correct all proceedings of the
Register of Wills and such other jurisdiction as may from
time to time be provided by law.
Sec. 38. There shall be a Register of Wills in each county
of the State and in the city of Baltimore, to be elected by the
legal and qualified voters of said counties and city respective-
ly, who shall hold his office for six years from the time of
his election, and until his successor is elected and qualified;
he shall be re-eligible and subject at all times to removal for
willful neglect of duty or misdemeanor in office, on convic-
tion in a Court of law; his office shall be subject to the visita-
torial power of the Judge of the Court sitting in said city or
county as the Orphans' Court, who may make all needful
rules and regulations for the conduct and management of the


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 341   View pdf image (33K)
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