So the amendment to the amendment was
adopted.
The question then recurred on the adoption of
the section as amended.
Mr. BRENT, of Baltimore city, moved that the
question be taken by yeas and nays, which being
ordered, appeared as follows:
Affirmative-Messrs. Morgan, Hopewell, Lee,
Donaldson, Wells, Randall, Kent, Sellman,
Weems, Bond, Sherwood of Talbot, James U.
Dennis, Hodson, Phelps, Constable, McCullough
Miller, Tuck, George, Dirickson, McMaster,
Hearn, Fooks, Shriver, Gaither, Annan, Ste-
phenson, McHenry, Nelson, Carter, Thawley,
Stewart of Caroline, Hardcastle, Gwinn, Stew-
art of Baltimore city, Brent of Baltimore city,
Sherwood of Baltimore city, Ware, Schley,
Fiery, Neill, John Newcomer, Harbine, Michael
Newcomer, Brewer, Anderson, Weber, Fitzpa-
trick, Smith, Parke, Shower, Cockey and Brown
-54.
Negative-Messrs. Ricaud, Pres't. pro tem.,
Blakistone, Howard, Buchanan, Bell, Williams,
Bowie, Grason, Wright and Magraw-9.
So the section as amended was adopted.
Mr. STEWART, of Baltimore city, in accordance
with the notice given by him on yesterday, mov-
ed to reconsider the vote of the Convention, on
the 11th and 12th sections of the report of the
committee, with a view to offer the following
amendments.
"There shall be established for the city of Bal-
timore, one court of law, to be styled The Court
of Common Pleas, which shall have civil jurisdic-
tion in all suits where the debt or damage claimed
shall be above one hundred dollars, and shall not
exceed five hundred dollars; and shall also have
jurisdiction in all cases of appeal from the judg-
ments of the justices of the peace in said city.
"There shall also be in said city another court
of law having jurisdiction over all suits where
the debt or damage claimed shall exceed the
sum of five hundred dollars, and in case any
plaintiff or plaintiffs shall recover in said court
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 applications
for the benefit of the insolvent laws of this State,
and of the administration of the estates of insol-
vent debtors, and the appointment and supervi-
sion of the trustees thereof, and the said court
shall also have ana 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
warranto of appeal from the decission of com-
missioners, for the opening of streets in the city
of Baltimore, of petitions for freedom, and peti-
tions to cancel or enforce contracts of appren-
ticeship, of all issues from the Orphans' Court of
Baltimore city and from the Superior Court, and
shall also have jurisdiction over all the contro- |
versies proper 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 authority 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 within 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 Legislature.
"Each of the said three courts shall consist of
one judge to whom the salary of $2,500 per an-
num shall be paid, or rateably for a lesser period,
shall hold his office for the term often years, subject
to the provisions of this Constitution, which have
reference to the election or qualification of judges
and their removal from office.
"There shall be a clerk of the court of com-
mon 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.
authority to issue within the city of Baltimore,
all marriage and other licenses required by law;
subject 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, convey-
ances and other papers now remaining on 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 lo be recorded in the said city.
"He shall also have custody of all other papers
connected with proceedings on the law or equity
aide of Baltimore county court, and on the
dockets thereof, so far as the same have relation
to Baltimore city.
Mr. STEWART. I would say to the Conven-
tion that the section with regard to the Court
of common pleas, is section eleven of the orginal
bill, with a mere verbal change. I have no dif-
ficulty with regard to the adoption of that. The
Jurisdiction of the court of common pleas, was
divided between the eleventh and fourteenth sec-
tions. and I have here engrafted them into one
section, and there is no substantial change from
the original sections, as gentlemen will see. I
propose to give to the court of common pleas.
civil jurisdiction in all suits where the debt or
damage claimed, shall be above one hundred
dollars, and shall not exceed five hundred dollars,
and also jurisdiction in all cases of appeal from
the judgments of the justices of the peace in the
city.
I would ask for the question upon this section. |
