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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 578   View pdf image
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578

counties of this State, all and every the powers, authorities and
jurisdictions which the county coutts of this State now have, use
and exercise, and which shall hereafter be prescribed by law, ex
cept in matters appertaining to courts of equity; and the said Judges
shall have and use all other powers and authorities which the
Judges of the county courts now have, by virtue of law, or which
may hereafter be prescribed by law; and the said county courts
shall respectively hold their sessions in the several counties, at the
times and places where they are now held, or at such other times
and places as may hereafter be prescribed by law; and the salary
of the said Judges shall respectively be two thousand dollars per
annum, and shall not be idminished during the period of their
continuance in office, and they shall not receive any perquisites of
office, from any source whatever, or any other than fixed and cer
tain salaries.

Sec. 10 In each of the said county court districts, the chancery
and the Orphans' court shall be incorporated into one court, and
the person who shall be elected as the Judge of the county courts,
within the said districts respectively, shall be the Judge of the said
chancery and Orphans' court, and the said chancery and
orphans' courts shall have, hold and exercise in the several
counties of this State, all and every the powers, authorities
and jurisdictions which the said chancery and orphans' courts of
this State oow have, use and exercise, and which shall hereafter be
prescribed by law, and the Judge thereof shall have and use all
other powers and authorities, which the chancellor and justices of
the orphans' courts of this State now have, by virtue of law, or
which may hereafter be prescribed by law,and the sessions of the said
chancery and orphans' courts shall be held in the several counties
in this State, at the time and place where the regular terms of the
said orphans' courts are now held, and at such other times and
places as may be fixed and appointed by the Judge of the said dis
trict, or may be prescribed by law. He shall have no other salary
than that prescribed in the aforegoing sect ion.
Sec. 11. No testimony on the equity side of the said chancery and
orphans' courts, shall be taken under a commission, when it is
within the reach of the process of said courts, but the same
proceedings, shall in all respects be had in taking testimony in said
courts, as is now practiced in the county courts.
Sec. 12. The register of wills for the said orphans' courts, shall
perform, in addition to his duties as said register of wills, all the
duties incident to the equity jurisdiction of the said court, which
are now performed by the auditor of the court of chancery, and
such other duties as may hereafter be prescribed by law, and shall
have power to grant inj unctions as now regulated by rules of equity,
during the absence from the county, of the Judge of said court, of
which the said Judge shall be notified as soon as possible, amid if
by him approved, to have the same effect as if by him approved,
and if by him disapproved, to have the same effect as if by him re
fused; and the person in whose favor it was granted, shall be an-


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 578   View pdf image
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