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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 738   View pdf image (33K)
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738
the party cannot have a fair or impartial trial in the Court,
in which such suit, or action, issue, or petition, presentment,
or indictment is pending, or when the Judges of said Court
shall be disqualified, under the provisions of this Constitu-
tion, to sit in any such suit, action, issue, or petition,
presentment or indictment; and the General Assembly shall
make such modifications of existing Law as may be necessary
to regulate and give force to this provision.
Sec. 9. The Judge, or Judges of any Court may appoint
such officers for their respective Courts as may be found
necessary, and such officers of the Courts in the city of Balti-
more shall he appointed by the Judges of the Supreme Bench
of Baltimore city. It shall be the duty of the General As-
sembly to prescribe by Law a fixed compensation for all such
officers; and said Judge or Judges, shall, from time to time,
investigate the expenses, costs and charges of their respective
Courts, with a view to a change, or reduction thereof, and
report the result of such investigation to the General As-
sembly tor its action.
Sec. 10. The Clerks of the several Courts created, or con-
tinued by this Constitution, shall have charge and custody of
the Records and other Papers, shall perform all the duties,
and be allowed the fees, which appertain to their several
offices, as the same now are,, or may hereafter be regulated by
Law. And the office and business of said Clerks, in all their
departments, shall be subject to the visitorial power of the
Judges of their respective Courts, who shall exercise the same
from time to time, so as to insure the faithful performance of
the duties of said officers; and it shall be the duty of the
Judges of said Courts, respectively, to make, from time to
time, such rules and regulations as may be necessary and
proper for the government of said Clerks, and for the perform-
ance of the duties of their offices, which shall have the force
of Law until repealed, or modified by the General Assembly.
Sec. 11. The election for Judges, hereinbefore provided,
and all elections for Clerks, Registers of Wills, and other
officers, provided in this Constitution, except State's Attor-
neys, shall be certified, and the returns made, by the Clerks
of the Circuit Courts of the Counties, and the Clerk of the
Superior Court of Baltimore City, respectively, to the Gov-
ernor, who shall issue commissions to the different persons
for the offices for which they shall have been respectively
elected; and in all such elections, the persons having the
greatest number of votes, shall be declared to be elected.
Sec. 12. If in any case of election for Judges, Clerks of the
Courts of Law, and Registers of Wills, the opposing candi-
dates shall have an equal number of votes, it shall be the duty
of the Governor to order a new election; and in case of any


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 738   View pdf image (33K)
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