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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 517   View pdf image
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517
and exercise ill the said district, all and every,
the powers, authorities and jurisdictions, which
Baltimore county court, sitting for said city, Bal-
timore city court, and the Chancellor of Mary-
land, as a judge in equity, now have, hold and
exercise therein; and the said judges shall also
be judges of the Orphans' court for Baltimore
city, and have, hold and exercise, all and every,
the powers, authorities and jurisdictions apper-
taining and belonging to the said Orphans' court
within said city; and the number of judges autho-
rized by this section may be increased by law,
when such increase shall be required for the dis-
patch of business in the said district, and such
additional judges shall have the same powers,
authorities and jurisdictions in all respects as are
conferred by this section on the judges directed
to be appointed; and the Legislature may estab-
lish within the city of Baltimore, a court of lim-
ited criminal jurisdiction for the trial of offences
not punished capitally, which may be committed
in the said city; define its powers and prescribe
the number, tenure, mode of appointment, and
compensation of the judges thereof, which shall
be paid by the city of Baltimore.
Sec. 8. The Judges of the District Court shall
respectively hold at least two terms in the city
of Baltimore, and in each county comprising the
judicial district as coarts of law, at least two
terms, for the transaction of Equity business
within an intermediate day for the return of pro-
cess : and at least four sessions of the Orphans'
court in each county; or oftener, if required by
law.
Sec. 9. The General Assembly may, by law,
not inconsistent with this Constitution, establish
and define the jurisdiction of the courts of this
State, prescribe rules of practice, and the course
of business therein; and determine the number
of terms of said courts, and the time and place of
holding the same; but no law shall be passed to
confer original jurisdiction in any case what
ever, on the court of Appeals, or to require said
court to sit elsewhere than at the seat of govern-
ment; or to give Justices of the Peace jurisdic-
tion in any case, when the matter or thing in
controversy exceeds one hundred dollars in value;
and all laws regulating and determining the juris-
diction of the Courts or Justices of the Peace;
and for the administration of justice, shall, as far
as practicable, be uniform throughout this State.
Sec. 10. The judges of the several Judicial
Districts shall be citizens of the United states,
and shall have reaided five years in this State,
and two years in the Judicial District for which
they may be respectively appointed, next before
the time of appointment, and shall reside therein
while they continue to act as judges; they shall
be selected from among those who having the
other qualifications herein prescribed, are most
distinguished for integrity, wisdom and sound le-
gal knowledge, and appointed by the Governor,
by and with the advice and consent of the Senate,
and shall hold their offices during good behavior,
removeable for misbehavior on conviction in a
court of law, or shall be removed by the Gover-
nor, upon the address of the General Assembly,
provided that two-thirds of the members of each
House shall concur in such address; and the said
judges shall each receive a salary of twenty-five
hundred dollars per annum, and the same shall
not be diminished during the time of their con-
tinuance ill office; and no judge of any court in
this State who has a salary fixed by law shall re-
ceive any perquisite, fee or reward in addition
thereto, for the performance of any judicial duty.
Sec. 11. If from sickness or any other unavoid-
able cause, any of the district judges shall be un-
able to hold the regular term of his court, his
place may be supplied by a judge from another
district 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 Jaw; and such judge, or the person so
appointed, shall have and exercise for the lime
being, the same power, authority and jurisdiction,
as the judge whose place is thus supplied, and
shall receive such compensation as may be 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 adjoin-
ing judicial district, to he heard and determined
or the same proceedings may be had as are pro-
vided for in the case of the sickness of ajudge;
and the Legislature shall provide rules to carry
this section into effect.
Sec. 12. No suit shall be commenced in, or re-
moved 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 maybe
pending in the said court at the time of the said
notice 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 lime of the giv-
ing of the said notice, the said court and the of-
fice of Chancellor, shall be, and hereby are abol-
ished. If a vacancy shall occur within the pe-
riod aforesaid, in office of Chancellor, or of Register
in Chancery, successors to them respec-
tively shall be appointed as now provided for, to
serve for the unexpired portion of said term, who
shall have, and exercise the powers, authorities
and jurisdiction, and perform the duties, and re-
ceive the salary, fees and emoluments respective-
ly appertaining to said offices. If at the end of
the said term of five years, any cause or business
shall remain in said court unfinished, the Gener-
al Assembly shall provide a method for the final
determination thereof; and also for the disposi-
tion 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 coun-
ty of this State and the city of Baltimore, who
shall be 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, before the election, and shall be elect-
ed by a plurality of the qualified voters of the
county or city, and shall perform the duties and


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 517   View pdf image
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