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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 107   View pdf image
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107

WEDNESDAY, December 4th, 1850.

The Convention met pursuant to adjournment.
Present the same members as on yesterday.
Prayer by the Rev. Mr. Graff.
The proceedings of yesterday were read.
Mr. Spencer, submitted the following resolution:
Resolved, That the committee on the Judiciary, be instructed
to inquire into the expediency of incorporating the following arti
cles in the Constitution
1. That the Judges shall hold their commission for the term of
ten years, removeable only, during said term, for misbehaviour, on
conviction in a court of law, and re-eligible at the expiration of
said term.
2. That the Court of Appeals shall be separate and distinct
from the county courts, and shall consistof three Judges, one to be
chosen from the Eastern Shore,and two from the Western Shore,
which shall hold two terms annually at the city of
the first term to commence on the 1st Monday in June, and the
second term on the 1st Monday in December.
3. That the State be divided into eight Judicial districts, exclu
sive of the city of Baltimore, the 1st, to consist of the counties
of Worcester, Somerset and Dorchester; the 2nd, of the counties
of Caroline, Talbot and Queen Anne's; the 3rd, of the counties
of Kent, Cecil and Harford; the 4th, of the counties of Allegany
and Washington; the 5th, of the counties of Frederick and Mont
gomery; the 6th, of the counties of Baltimore and Carroll; the
7th, of the counties of Prince George's, Charles and St. Mary's;
the 8th, of the counties of Calvert, Anne .Arundel and Howard
district for each of which shall be chosen one county court Judge.
4. That the Judge of the said districts, in addition to the coin-
mon law courts, shall be the Judge of the Orphans' court and
Chancery court for each of said counties and that the Orphans'
Court and Chancery court of said districts shall be incorporated
into one court.
5. That there shall be one common law court for the city of
Baltimore, to which shall he chosen one Judge, and one chancery
and testamentary court, to which shall he appointed one Judge.
6. That special pleading be abolished in the common law
courts, and that no testimony in the chancery courts, when
witnesses are within the process of the court, shall be taken under
a commission, but the same proceedings shall, in all respects, be
had in taking testimony in said courts as is now practiced in the
common law courts.
7. That a chancery sheriff be chosen for said chancery and
orphans courts, whose duty it shall be to execute all process of
said courts, under the direction of the Judges thereof.
Which was twice read and adopted.
Mr. Spencer, submitted the following resolution
Resolved, That the committee on the Judiciary inquire into
the expediency of incorporating in the constitution a test oath for all


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 107   View pdf image
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