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our civil and religious liberty, in order to secure the perpetuity of
these blessings, do declare;"
Mr. Parke accepted this as a substitute.
The question then recurred upon the adoption of the substitute.
Mr. John Newcomer, moved as a substitute for the preamble
and substitute, the following
"We, the people of the State of Maryland, hy our delegates in
Convention assembled at the city of Annapolis, taking into our
most serious consideration the best means of establishing a good
constitution in this State, declare;"
On the question being put,
"Will the Convention accept the substitute?"
Mr. John Newcomer, moved that the question be taken by
yeas and nays, which motion was not sustained.
The question was then taken on the adoption of the substitute,
and
Determined in the affirmative.
The said amendment was then adopted.
Mr. Spencer, then moved that said report of the committee as
amended, be printed in bill form;
Determined in the affirmative.
Mr. Bowie, chairman of the committee on the Judiciary De
partment, submitted the following report:
The committee on the Judiciary, beg leave to make the following
REPORT:
Section 1. The Judiciary Power of this State shall be vested in
a Court of Appeals, in County Courts, in such courts for the city
of Baltimore as may be hereinafter prescribed, and in justices of
the peace.
Sec. 2. The Court of Appeals shall consist of a Chief Justice
and two Associate Justices, any two of whom shall form a quorum.
The Governor by and with the advice of the Senate, shall desig
nate the Chief Justice.
Sec. 3. The Court of Appeals shall be co-extensive with the
limits of the State, but in criminal cases, and in appeals from inter
locutory judgments and decrees, with such exceptions and tinder
such regulations as may be prescribed by law, and the Court of
Appeals and judges thereof shall have power to issue writs of
Mandamus and wtits of Diminution, and such other writs as shall
be necessary to enforce its own jurisdiction, and may also compel
a judge of a county court or other inferior court to proceed to
trial and judgment in a cause—and the Court of Appeals shall
hold its sessions at the city of Annapolis on the first Monday of
June, and the first Monday of December in each and every year.
Sec. 4. The Court of Appeals shall appoint its own clerk, who
shall hold his office for six years, and may be re-appointed at the
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