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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 565   View pdf image (33K)
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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 parties to any cause may submit the same
to the court for determination, without the aid of a jury;
and the Judge, or Judges of any Court of this State, ex-
cept the Court of Appeals, shall order and direct the rec-
ord of proceedings in any suit, or action, issue or petition,
presentment, or indictment, pending in such court, to be
transmitted to some other court, (and of a different cir-
cuit, if the party applying shall so elect,) having jurisdic-
tion in each cases, whenever any party to such cause, or
the counsel of any party, shall make a suggestion in writ-
ing, supported by the affidavit of such party, or his coun-
sel, or other proper evidence, that 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 dis-
qualified, under the provisions of this Constitution, 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
Baltimore shall be appointed by the judges of the Su-
preme Bench of Baltimore city. It shall be the duty of
the General Assembly to prescribe by law a fixed com-
pensation 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 Assembly for its action.
SEC. 10. The clerks of the several courts created, or
continued by this Constitution, shall have charge and cus-
today 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 here-
after be1 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 offices; 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

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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 565   View pdf image (33K)
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