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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 540   View pdf image (33K)
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540

Chief Judge of the Orphans' Court of the county for which
he is elected.

Sec. 21. Same as section 19 in the Report of the Com-
mittee.

Sec. 22. In each of the above named Circuits, except the
eighth, there shall be three Courts, one to be held in each
county, they shall be called Circuit Courts for the county in
which they may be held, and shall have and exercise in the
several counties of the respective Circuits all the common law-
power and authority, original and appellate, and criminal
jurisdiction which the Circuit Courts for the several counties
now have, hold and exercise, or which may hereafter be pre-
scribed by laws made pursuant to this Constitution.

Sec. 23. The Judges of the several counties comprising the
said Judicial Circuits shall be the Judges of the Circuit Courts
for the respective counties embraced within the said Judicial
Circuits. The Governor, by and with the advice and consent
of the Senate, shall designate the Chief Justice of the several
Circuits. The said Judges shall hold a term of their Courts
in each of the counties composing their respective Circuits at
such times as now are, or may hereafter bo fixed by law, such
terms to be never less than two in each year in each county.
Special terms may be held by said Judges, in their discretion,
whenever the business of the several counties renders such
terms necessary; a single Judge may hold sessions of the Cir-
cuit Court for the disposal of all business merely formal and
uncontested, such causes civil or criminal as the parties liti-
gant shall consent in writing to try before a single Judge,
and appeals from Justices of the Peace where the parties agree
in writing to waive a trial by jury, and to try the appeal be-
fore a single Judge. "

Sec. 24. The Chief Justice when so appointed as heroin
prescribed, shall when attending, preside in said Courts, and
in case of his absence or his withdrawing from the bench, the
Judge next in seniority, to be determined from the date of
the commission, who shall be present shall preside therein;
and in case of the death, disqualification, or refusal to act, of
the person appointed Chief Justice as aforesaid, the Judge
next in seniority as aforesaid, shall be the Chief Justice of
the said Court until a new appointment of Chief Justice shall
be made as aforesaid.

Mr. Belt moved that the several proposed amendments be
printed in bill form;

Decided in the affirmative.

 

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 540   View pdf image (33K)
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