son, Fitzpatrick, Parke, Shower, Cockey and
Brown-40.
Negative-Messrs. Ricaud, Pres't, pro. tem.,
Morgan, Blakistone, Lee, Wells, Randall, Kent,
Weems, Bond, Sollers, John Dennis, James U.
Dennis, Dashiell, Williams, Phelps, Bowie,
Dirickson, McMaster, Fooks, Jacobs, Gaither,
John Newcomer and Waters-24.
At 10 minutes past 3 o'clock, p.m.,
Mr. SPENCER moved the Convention ad-
journ;
Which motion was not agreed to.
Mr. STEWART, of Baltimore city, moved the
following as a substitute for the eleventh sec-
tion.
"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 juris-
diction 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 judgment of the justices of the peace in said
city."
Mr. STEWART. I will repeat that the substi-
tute has already been passed upon by this House.
it is only put in better form than the ori-
ginal. The section which will give rise to de-
bate is the one which proposes to give a separate
court to the city of Baltimore.
Mr. BOWIE. The difference between the 11th,
12th, and 13th sections in the original bill, and
the three sections offered by the gentleman from
Baltimore, (Mr. Stewart,) is this : that the court
of common pleas are to have jurisdiction in cases
of appeals from magistrate's judgments, by this
substitute. It is also to have jurisdiction in all
actions where the debt or damages do not exceed
$500. The second court, which has common
law jurisdiction beyond $500, is also made a
court of concurrent equity jurisdiction, with an-
other court styled the "district court " Instead of
one court, with chancery jurisdiction, it is pro-
posed now, to have two courts with concurrent
equity jurisdiction.
Mr STEWART, of Baltimore city. I will say,
in addition, that I have brought forward the
clause of the fourteenth section, which refers to
jurisdiction over the insolvent cases in the city of
Baltimore, and made it a part of the jurisdiction
of the superior court. But for an amendment
that jurisdiction would not beat all provided for.
The superior court, which will come in the
twelfth section, will have common law jurisdic-
tion over insolvent cases, supervision over trus-
tees, and shall have and exercise jurisdiction as
a court of equity.
The question was then taken on the adoption
of the substitute, and it was agreed to.
The section, as amended, was then adopted.
Mr, STEWART then offered as a substitute for
the twelfth section, the following :
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 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
quity.
Mr. BOWIE moved to amend said substitute by
adding at the end thereof, the following:
"And the said court shall also have exclusive
jurisdiction as a court of law over all cases of
misdemeanors, quo warranto of appeal from the
decision of commissioners, for the opening of
streets in the city of Baltimore, of petitions for
freedom, and petitions to cancel or enforce con-
tracts of apprenticeship, of all issues from the
Orphans' court of Baltimore city, and from the
Superior court, and shall also have jurisdiction
over all other controversies proper to be decided
in a court of law, which have not heretofore been
assigned to the court of common pleas, and the
said court as incidental to its powers as a court
of law, is hereby vested with full power and au-
thority, to cause a jury to be summoned, when-
ever a jury may be required fur the business of
said court."
Mr. STEWART, of Baltimore city. I presume
that my friend from Prince George's offered this
as a test question, with regard to giving another
court to the city of Baltimore. I am entirely
willing it should be so considered by the House.
Since the refusal of this Convention, the other
day, to pass this 13th section, and give us that
which we need more than any other, and which
absorbs the judge of the equity jurisdiction, it is
impossible for me to say what has been the state
of feeling in the city of Baltimore on the subject,
and what anxiety has pervaded the members of
the bar of that city. There have been many
communications addressed to gentlemen here, who
do not agree with me in this matter, speaking the
voice of the bar of Baltimore city, in regard to
the necessity of the system proposed to be estab-
lished by this bill.
I have been told by members of this body that
they have had conversation with distinguished
members of the bar who have been here—and
that there is an entire unanimity of opinion
among them on this subject—that they cannot do
without the court proposed in the section
which I have had the honor to submit. In re-
ference to the organization of the district court,
I will bring before the view of this Convention
the many classes of cases which would require
the exercise of the jurisdiction which I intend to
give, by this proposition, to Baltimore. A large
portion of the time of the county court is taken
up with trials of issues from the Orphans court,
and from the Chancery court.
In relation to the decisions of commissioners
for opening streets, they cannot be regarded as
final. There must be some tribunal in which the |
