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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 242   View pdf image
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242

he may be interested, or where either of the par-
ties may be connected with him by affinity or con-
sanguinity, within such degrees as may be prescri-
ed by law, or where he shall have been of coun-
sel in the cause, and whenever any of the judges
of the county courts, or of the courts of Balti-
more city, shall be thus disqualified, or whenever
by reason of sickness or any other cause, the said
judges, or any of them, may be unable to sit in
any cause, the parties may, by consent, appoint
a proper person to try the said cause, or the
judges shall exchange districts, and hold courts
for each other, when they may deem it expedi-
ent, and shall do so when directed by law.
Sec. 35. No new original bill shall be filed or
received in the High Court of Chancery of this
State, from and after the ratification of this Con-
stitution, by the people of this State, nor shall
any cause be removed from any other court in
the State, to the said court of Chancery from and
after the said ratification; but all causes and pro-
ceedings now pending, or which may be pending
in the said court of Chancery at the lime of the
said ratification, shall be heard, determined and
proceeded with, by the present Chancellor or his
successor in office, until they shall be brought to
a final close, provided the same be done in five
years, from the time of said ratification, and at
the end and expiration of said five years, from
the time of the said ratification, or sooner if the
said business in chancery be sooner disposed of,
the office of Chancellor of this State, and the of-
fice of Register in Chancery, shall be and they are
hereby abolished. The present Chancellor and
Register in Chancery, and in the event of any
vacancy in their respective offices, their succes-
sors in office respectively, to be appointed, as at
present, by the Governor and Senate, shall, dur-
ing said five years, or other shorter period, re-
ceive the same salary and compensation, which
they now receive, The Legislature shall pro-
vide by law, for the recording, safe keeping, or
other disposition of the records, decrees and
other proceeding of the said court of Chancery,
at the end and expiration of said five years or
.other shorter period, and for the transmission to
the several counties of the State and city of Bal-
timore, of all such causes and proceedings is said
court, as may be then undisposed of and unfinished,
in such manner, and under such regula-
tions as may, be deemed necessary and proper.
See. 26. The present judges of the county
courts, of the orphan's courts, of Baltimore city
court, and of the magistrates' courts, and of the
commissioners of insolvent debtors for the city
of Baltimore, and justices of the peace shall re-
main in office until the election and qualification
of the judges, and justices of the peace whose
election is provided for by this Constitution and
no longer.
Sec. 27. The first election of judges, clerks,
registers and justices of the peace, and all other
officers whose election by the people is provided
for in this article of the Constitution shall take
place throughout the State on the first Wednes-
day of October next, after (he ratification of this
Constitution by the people.
Sec. 28. Whenever lands lie partly in one

county, and partly in another, or whenever per-
sons proper to be made defendants to proceed-
ings in Chancery, reside, some in one county and
some in another, that court shall have jurisdic-
tion in which proceedings shall have been first
commenced, subject to such rules, regulations
and alterations as may be prescribed by law.
Sec. 29. In all suits or actions at law, and in
all presentments and indictments, hereafter to
be commenced or 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 Attorney General, or the
prosecutor for the State, or upon suggestion in
writing supported by affidavit, if made by any
other of the parties thereto, that a fair and im-
partial trial cannot be had in the court where
i such suitor action at law, or presentment and
indictment is depending, shall and may order and
direct the record of proceedings in such suit or
action, presentment or indictment, to be trans-
mitted to the judge of any adjoining county for
trial, who shall hear and determine the same in
like manner as if such suit or action, presentment
or indictment, had been originally institu-
ted therein; provided nevertheless, that such sug-
gestions shall be made as aforesaid, before or du-
ring the term in which the issue or issues may
be joined, in said suit or action, presentment or
indictment. And provided also, that such furth-
er remedy in the premises, may be provided by
law as the legislature shall from time to time direct
and enact.
Sec. 30. All elections of judges and other officers
provided for under this article of the consti-
tution shall be certified, and the returns made by
the clerks of the respective counties to the Gov-
ernor, who shall issue commissions to the differ-
ent persons for the offices, to which they shall
have been respectively elected.
ESTIMATES
Submitted by the Committee on the Judiciary.
Costs of the present Judiciary of Maryland un-
der the old Constitution:
Twelve associate judges of
county courts, at $1,400
per annum, . . . $16,800
Six chief justices of county
courts at $2,200, . . 13,300
One chief judge of Court of
Appeals, (extra pay allowed
by law.) . . . 300
Extra pay allowed by law to
judges of Baltimore county
and city, . . . 8,000
The Chancellor's salary, . 3,000
Sixty-six judges of Orphans'
courts in the counties and
city of Baltimore, at an av-
erage by actual returns of
$300, to each judge,. . 19,800
Salary of the commissioners
of insolvent debtors for the
city of Baltimore, at $2,000
to each, .. .. 6,000



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 242   View pdf image
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