wood, of Balt. city, Schley, Fiery, Neill, John
Newcomer, Harbine, Davis, Waters, Anderson,
Weber, Slicer, Fitzpatrick, Smith, Parke,
Shower and Brown—63.
So the Convention refused to reconsider their
vote.
The 5th section having been read through as
amended,
Mr. WELLS moved that the question on the
adoption of the same be taken by yeas and nays,
which were ordered, and being taken, resulted
—yeas 45, nays 20, as follows:
Affirmative—Messrs. Ricaud, President pro
tem., Morgan, Mitchell, Brent, of Charles, Mer-
rick, Howard, Buchanan, Bell, Ridgely, Sher-
wood, of Talbot, Colston, Dashiell, Miller,
Bowie, Tuck, Spencer, George, Wright, Dirick-
son, McMaster, Thomas, Shriver, Gaither, Bi-
ser, Annan, McHenry, Nelson, Thawley, Stew-
art, of Caroline, Hardcastle, Gwinn, Stewart.
of Balt. city. Brent, of Balt. city, Sherwood, of
Balt. city, Schley, Fiery, Neill, John New-
comer, Harbine, Anderson, Weber, Holliday,
Slicer, Fitzpatrick, Parke, Shower and Brown
—45.
Negative—Messrs. Lee, Donaldson, Wells,
Kent, Sellman, Weems, John Dennis, Crisfield,
Hicks, Goldsborough, Eccleston, Phelps, Sprigg,
Bowling, Fooks, Jacobs, Sappington,. Stephen-
son, Davis, Waters and Smith.
So the section was adopted.
The 6th section of the report was read as fol-
lows:
Sec. 6. The Legislature may hereafter, should
the public convenience require it, increase the
number of judges of the Court of Appeals to
five, in which event a new division of the State
into five judicial districts shall be made in such
manner as to secure two to the Eastern and
three to the Western Shore.
On motion of Mr. BOWIE, the 6th section was
stricken out.
The 7th section of the report was then read
as follows;
"Sec, 7. No Judge of the Court of Appeals
shall sit in any case wherein he may be inter-
ested, or where either of the parties may be
connected with him by affinity or consanguinity
within such degrees as may be prescribed by
law, or when he shall have been of counsel in
the cause; when the Court of Appeals, or any
two of its members shall tie thus disqualified to
hear and determine any cause or causes in said
court, or when no judgment can be rendered in
any case or cases in said court, by reason of the
equal division of opinions of said judges, the
same shall be certified to the Governor of the
State, who shall immediately commission the
requisite number of persons learned in the law
for the trial or determination of said case or
cases."
On motion of Mr. BOWIE, the 7th section was
amended by striking out in the 5th line thereof
the word "two," and by striking out after the
word "Court," in the 6th line, to the word "the,"
in the 8th line, and inserting in lieu thereof the
words, "so that by reason thereof, no judgment
can be rendered in said court." |
Mr. HOWARD moved further to amend the 7th
section by striking out in the 2d, 3d and 4th
lines, the words "or where either of the parlies
may be connected with him by affinity or con-
sanguinity within such degress as may be pre-
scribed by law,"
Determined in the negative,
The 7th section having been read through as
amended was adopted.
The 8th section was then read as follows:
"Sec. 8. All Judges of the Court of Appeals,
of the County Courts, and of. the Courts of the
city of Baltimore, shall, by virtue of their offi-
ces, be conservators of the peace throughout
the State; the style of all laws shall run thus:
"Be it enacted by the General Assembly of Ma-
ryland," All public commissions and grants
thus: "The State of Maryland," &c., and shall
be signed by the Governor, with the seal of the
State annexed; all writs and processes shall run
in the same style, and be tested, scaled and
signed as usual; and all indictments shall con-
elude, against the peace, government and dig-
nity of the State."'
On motion of Mr, BOWIE, the 8th section was
amended by striking out the words, "the style of
all laws shall run thus: "Be it enacted by the
General Assembly of Maryland," and inserting
in lieu thereof, the word "and," and after the
word "grants," inserting "shall run."
The 8th section was adopted as amended.
Mr. BOWIE moved that the Convention take
up for consideration the 2d, 3d and 4th sections
of the report which had been passed over in-
formally.
Mr. CRISFIELD stated that he had an amend-
ment to offer to the ninth section, and wished to
make some remarks upon it.. As the debate
would cease on to-morrow, it would be a great
accommodation to him for the Convention to
proceed in order.
The motion was rejected.
The ninth section was read as follows:
"Sec. 9. There shall be a county court in
each county of the State, to consist of one,
judge, who shall be elected by a plurality vote
of the qualified and legal voters of said county,
from among those learned in the law, having
been admitted to practice the law in this State,
and who shall have been a citizen of this State
at least five years, and above the age of thirty
years at the time of his election, and a resident
of said county; the said judge shall hold his
office for the term of ten years from the time of
his election, or until he shall have attained the
age of seventy years, whichever may first hap-
pen, and be re-eligible thereto until he shall
have attained the age of seventy years, and not
after, subject to be removed for incompetency,
willful neglect of duty, misdemeanor in office,
and such other causes as may be prescribed by
law, by presentment of a grand jury, and con-
viction of a petit jury of said county, or by the
Governor, upon the address of the General Assembly,
two-thirds of the members of each.
House concurring in such address. His salary
shall be two thousand dollars annually, which |
