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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 411   View pdf image
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411


Sec. 11. If from sickness or any other unavoidable cause, any
of the District Judges shall be unable to hold the regular term of
his court, his place may be supplied by a Judge from another dis
trict to be selected by the Governor, or by a person of integrity
and sound legal knowledge, to be appointed by the Governor as
may be provided by law; and such judge, or the person so ap
pointed, shall have and exercise for the time being, the same,
power, authority and jurisdiction, as the Judge whose place is
thus supplied, and shall receive such compensation as may he pro
vided by law; and if any District Judge shall be interested in any
cause pending in any court of which he is judge, he shall not sit
in the same, but upon a suggestion in writing of the interest, of
the Judge, verified by affidavit, the said cause shall be transferred
to some county of an adjoining Judicial District, to be heard and
determined, or the same proceedings may he had as are provided
for the ease of the sickness of a Judge; and the Legislature shall
provide rules to carry this section into effect.
Sec. 12. No suit shall be commenced in, or removed from any
court to the court of Chancery in this State, after official notice
shall have been given of the adoption of this constitution by the
people of this State; but all causes which may be pending in the
said court at the time of the said not ice shall be proceeded with in
the said court, and determined according to the usual course of
business therein; provided the same can be done in five years from
the time aforesaid; and at the expiration of five years from the time
of the giving of the said notice, the said court and the office cf
Chancellor, shall be, and hereby are abolished. If a vacancy
shall occur within the period aforesaid, in office of Chancellor, or
of Register in Chancery, successors to them respectively shall be
appointed as now provided for, to serve for the unexpired portions
of said term, who shall have, and exercise the powers, authorities
and jurisdiction, and perform the duties, and receive the salary, fees
and emoluments respectively appertaining to said offices. If at the
end of the said term of five years, any cause or business shall re
main in said court unfinished, the General Assembly shall pro
vide a method for the final determination thereof; and also further
disposition and safe keeping of the records of the said court.

Sec. 13. There shall be one register of wills, and one clerk of
the district court, in each county of this State and the city of Bal
timore, who shall he citizens of the United States, and shall have
resided in the State five years, and in the county in which he
may be voted for two years, and before the election, and shall be
elected by a pl ural it y of the qual i fied voters of t he cou nty or city;
and shall perform the duties, and be entitled to receive the emo
luments and fees, appertaining to the said offices respectively.
They shall be commissioned by the Governor, and shall hold
their offices for the term of six years; and until their successors
shall have been elected and qualified; the time, place and man-
ner of holding said election, and making ret urns thereof, and the


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 411   View pdf image
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