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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 931   View pdf image
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SEC. 25. In case of the death, resignation removal or other dis
qualification of a Judge of any of the courts of law, the Gover
nor, by and with the advice and consent of the Senate, shall there
upon appoint a person, duly qualified to fill said office until the
next general election for delegates thereafter; at which time an
election shall be held as hereinbefore prescribed, for a Judge,
who shall hold the said office for ten years, according to the pro
visions of this constitution.

SEC. 26. In case of the death, resignation, removal or other
disqualification of the Judge of an Orphans' court, the vacancy
shall be filled by the appointment of the Governor, by and with
advice and consent of the Senate.

SEC. 27. Whenever lands lie partly in one county, and partly
in another, or partly in a county and partly in the city of Balti
more, or whenever persons proper to be wade defendants to pro
ceedings in chancery, reside some in one county, and some in
another, that court shall have jurisdiction in which proceedings
shall have been first commenced, subject to such rules, regulations
and alterations as may be prescribed by law.

SEC. 28. In all suits or actions at law, issues from the orphans'
court or from any court sitting in equity, in petitions for freedom,
and in all presentments and indictments now pending,or which
may be pending at the time of the adoption of this Constitution
by the people, or which may be hereafter instituted in any of the
courts of law of this State, having jurisdiction thereof, the judge
or judges thereof, upon suggestion in writing, if made by the State's
Attorney, or the prosecutor for the State, or upon suggestion in
writing, supported by affidavit, made by any of the parties thereto,
or other proper evidence, that a fair and impartial trial cannot be
had in the court where such suit or action at law, issues or petitions
or presentment and indictment is depending, shall order and direct
the record of proceedings in such suit or action, issues or petitions,

presentment or indictment, to be transmitted to the court of any
adjoining county ;provided, that the removal in all civil causes be
confined to an adjoining county within the judicial circuit. except
as to the city of Baltimore, where the removal may beta an adjoin ing
county, for trial, which court shall hear and determine the same in like
manner as if such suit or action, issues or petitions, presentment or
indictment, had been originally instituted therein; and provided
also, that such suggestion shall be made as aforesaid, before or
during the term in which the issue or issues may be joined in said
suit or action, issues or pet it ion, presentment or indictment, and that
such further remedy in the premises may be provided by law as
the Legislature shall from time to time direct and enact.

SEC. 29. All elections of judges and other officers provided
for by this constitution, shall he certified, and the returns made
by the clerks of the respective counties to the Governor, who shall
issue commissions to the different persons for the offices to which
they shall have been respectively elected; and in all such elections,


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 931   View pdf image
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