less than the sum of five hundred dollars, he or
they may be allowed or adjudged to pay in the
discretion of the court the costs of said suit; this
court shall be styled the Superior Court, and in
addition to the jurisdiction hereby conferred,
shall have and exercise jurisdiction in all appli-
cations for the benefit of the insolvent laws of
this State, and of the administration of the estates
of insolvent debtors, and the appointment and
supervision of the trustees thereof, and the said
court shall also have and exercise jurisdiction as
a court of equity.
"There shall also be in said city a court to be
styled the District Court of Baltimore city, which
shall have in said city exclusive jurisdiction as a
court of law over all cases of mandamus quo war-
rants of appeal from the decision of commission-
ers, for the opening of streets in the city of Balti-
more, of petitions for freedom, and petitions to
cancel or enforce contracts of apprenticeship, of
all issues from the Orphan's court of Baltimore
city and from the Superior court, and shall also
have jurisdiction over all other controversies
propel to be decided in a court of law, which
have not heretofore been assigned to the court of
common pleas or the superior court; and the said
court as incidental to its powers as a court of
law is hereby vested with full power and autho-
rity to cause a, jury to be summoned, whenever a
jury may be required for the business of said
court; the District court of Baltimore city, with-
in the city of Baltimore, shall also have and exercise
all the jurisdiction of a court of equity as
now held and exercised in this State or as may
be hereafter conferred or defined by the legisla-
ture.
"Each of the said three courts shall consist of
one judge to whom the salary of $2,500 per annum
shall be paid or rateably for a lesser period, shall
hold his office for the term of ten years, subject
to the provisions of this Constitution, which have
reference to the election and qualification of
judges and their removal from office.
"There shall he a clerk of the court of common
pleas, a clerk of the superior court, and a clerk
of the district court of Baltimore city, each of
whom shall be 'elected by the qualified voters of
the city of Baltimore, shall hold his office for the
term of six years from the time of his election,
and until a new election is held, and shall be re-
eligible.
"Each of the said clerks shall be subject to re-
moval for wilful neglect of duty, or other misde-
meanor in office, upon presentment of a grand
jury, and conviction of a petit jury.
"The clerk of the superior court shall have au-
thority to issue, within the city of Baltimore, all
marriage and other licenses required by law, sub-
ject. to such provision as this constitution, or the
Legislature hereafter may prescribe.
"The clerk of the district court of Baltimore
city shall have custody of all deeds, conveyances,
and other papers, now remaining of record, in
the office of the clerk of Baltimore, county court,
and shall hereafter receive and record all deeds,
conveyances .and other papers which are required
by law to be recorded in the said ,city. |
"He shall also have custody of all other papers
connected with proceedings on the law or equity
side of Baltimore county court, and with the
dockets thereof, so far as the same have relations
to Baltimore city."
On motion of Mr. DENT,
Further proceedings under the call of the Con-
vention were dispensed with.
The question then recurred upon the adoption
of the substitute as offered by Mr. DENT, for the
amendment offered by Mr. MERRICK, and the
substitute offered by Mr. JOHN NEWCOMER.
On motion of Mr. BOWIE,
The amendment and substitutes were postponed
informally,
The 21st section of the report of the commit-
tee was then read, as follows :
Sec. 21. There shall be five justices of the
peace in each election district of every county in
the State, and two in each ward of the city of
Baltimore, to be elected by a plurality vote of
the qualified voters in each of said districts and
wards respectively, who shall hold their offices
for two years from the time of their election, and
until a successor in office is elected. They shall
be, by virtue of their offices, conservators of the
peace in the said counties and city respectively,
and shall hive such civil and criminal jurisdiction
as shall be provided for by law; in the event of
a vacancy in the office of ajustice of the peace,
a new election shall be held under the directions
of the sheriff of the county or city where such
vacancy occurs, upon ten days notice thereof; an
appeal shall lie in all civil cases from the judg-
ment of a justice of the peace to the judges of
the county courts, and of the court of common
pleas for Baltimore city, as the case may be, and
on all such appeals, either party shall be entitled
to a trial by jury, where the amount in contro-
versy shall be above ten dollars.
Mr, SPENCER moved to amend the section by
striking out all from the beginning of the section
down to the word "be," in the 3rd line, and in-
serting in lieu thereof the following:
"The Legislature shall prescribe the number of
justices of the peace in each of the counties in
this State, and in the city of Baltimore, who
shall."
Mr. SPENCER said he did not think it was pro-
per that the convention should undertake to de-
termine how many justices of the peace there
should be in each county of the State. The num-
ber that might be sufficient in one district, would
not, perhaps, be enough in another. And, we
could not go into detail on the subject. We must
establish some general principle in regard to it,
and leave it to the Legislature to carry out the
details.
Mr. PHELPS said that he was willing to accept
the modification, so far as he was concerned.
Mr. GWINN would suggest to the gentleman
from Queen Anne, (Mr. Spencer,) the propriety
of leaving the whole matter to the Legislature,
under some general directions, to provide for the
election of Justices of the Peace in the city of
Baltimore. He contended that it was impossible
to provide for the election of Justice, of the Peace |
