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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 516   View pdf image
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516
Mr. WRIGHT presented a petition of sundry
citizens of the State, praying that provision be
made in the new Constitution, that the privilege
to sell intoxicating liquors in small quantities shall
not be granted to any person in any part of the
State or city, except the same shall first be sanc-
tioned or approved by a majority of the voters
in the county, election district or ward where
the same is to be sold;
Which was read, and
Referred to the select committee already ap-
pointed on that subject.
Mr. HICKS gave notice that on to-morrow he
should move to reconsider the vote of the Con-
vention on the resolution adopted in relation to
dispensing with the services of certain commit
tee clerks.
Mr. CRISFIELD, from the minority of the com-
mittee on the Judiciary, submitted following
REPORT:
SEC. 1. There shall be a Court of Appeals,
which shall have, use and exercise all and every
the powers, authorities and jurisdictions of the
existing Court of Appeals, and such additional
power, authority and jurisdiction as may be
conferred by this Constitution, and laws made
pursuant thereto; and its judgments shall be
final and conclusive in all cases whatever.
Sec. 2. The Court of Appeals shall hold its
session at the seat of Government, at least twice
in every year, or oftener, if required by law; no
judgment of reversal shall be rendered, except
with the concurrence of at least three of the
judges thereof; and in every case decided, an
opinion in writing shall be filed, and provision
shall be made by law, for publishing reports of
cases argued and determined in the said court.
Sec, 3. The Judges of the present Court of Ap-
peals, shall be Judges of the Court of Appeals
hereby established; and shall hold their offices
during good behaviour, and subject to removal
as now provided; and they shall have and be en-
titled to receive, at stated periods, the salaries
hereinafter provided, which shall not be dimin-
ished, during their continuance in office; and
from and after the period, when the number of
said Judges shall be reduced to four, by death,
resignation or removal, the Court of Appeals
shall be composed of one chief judge, who shall
be styled chief justice of the State of Maryland,
and three associate judges.
fee. 4. The Judges of the Court of Appeals to
be appointed in pursuance hereof, shall be citi-
zens of the United States, and shall have resided
in this State at least five years next before the
time of their respective appointments, and shall
continue to reside herein, while they act as
Judges; they shall be selected from among those
who are most distinguished for integrity, wisdom
and sound legal knowledge, and appointed by the
Governor, by and with the advice and consent of
the Senate; and shall hold their offices during
good behavior, removable for misbehavior, on
conviction in a court of law, or shall be removed
by the Governor, upon the address of the General
Assembly; provided, that two-thirds of the
members of each House concur in such address;
and shall each, at stated times, receive for their
services a salary of twenty-two hundred dollars
per annum, which shall not be diminished during
the time of their continuance in office.
Sec. 5. There shall be a clerk of the Court of
Appeals, and he shall be appointed by the judges
of the said court; he shall be a citizen of the
United States and shall have resided in this State
at least five years next before the time of his ap-
pointment; and shall hold his office for the term
of seven years, and until his successor shall be
appointed and qualify, and he shall qualify in the
manner, perform the duties, and be entitled to
the fees of the clerks of the said court on the
Eastern and Western Shores, until otherwise pro-
vided by law.
Sec. 6. This State shall be divided into eight
judicial districts, in manner and form following,
to wit; St. Mary's, Charles and Prince George's
counties, shall be the first district; Anne Arun-
del. Howard, Calvert and Montgomery counties,
shall be the second district; Frederick and Car-
roll counties, shall be the third district; Wash-
ington and Allegany counties shall be the fourth
district; Baltimore city shall be the fifth district;
Baltimore, Harford and Cecil counties, shall be
the sixth district; Kent, Queen Anne's, Talbot
and Caroline counties, shall be the seventh dis-
trict; and Dorchester, Somerset and Worcester
counties shall be the eighth district; and there
shall be appointed as hereinafter directed, one
person, having the qualifications hereinafter pre-
scribed, for each of the said judicial districts,
except the fifth, to be judge thereof; the said
judges shall be styled district judges, and shall
respectively hold a term of their courts at least
twice in each year or oftener, if required by law,
in each county, composing their respective dis-
tricts; and the said courts shall be called district
courts for county in which it may be held; and
shall have, hold and exercise, in the several coun-
ties of this State, all and every, the powers, au-
thorities and jurisdictions which the county
courts of this State now have, hold and exercise,
or which shall hereafter be prescribed by laws
made pursuant to this constitution; and the said
judges in their respective districts, shall have,
use and exercise all the powers, authorities and
jurisdiction which the Chancellor of Maryland,
as a judge in equity now has, uses and exercises,
and the said Judges shall also be judges of the
Orphans' courts of the several counties, compos-
ing their respective districts and shall have, hold
and exercise, all and every, the powers, authori-
ties and jurisdiction which the Orphans' courts
of this State now have, hold and exercise, or
which hereafter may be conferred by law.
Sec. 7. There shall be appointed as hereinafter
provided, four persons having the requisite quali-
fications, for the fifth judicial district, to be
Judges thereof; who may sit jointly or separ-
ately as the exigencies of business may require;
and the said judges shall be styled district judges,
and shall hold a term of their court at least twice
in each year, and oftener if required by law; and
the said court shall be called the district court
for the city of" Baltimore, and shall have, hold


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 516   View pdf image
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