JUDICIARY DEPARTMENT.
Mr. STOCKBRIDGE, from the committee on
the judiciary department, submitted the fol-
lowing report:
ANNAPOLIS, August 6,1864.
The committee appointed to consider and
report upon the judiciary system of the State,
respectfully submit the following report, and
recommend the adoption of the same as ar-
ticle IV of the constitution.
H. STOCKBRIDGE, Chairman
Com. on Jud'y Dep't.
PART 1.
General Provisions.
Section 1. The judicial power of this State
shall be vested in a court oof appeals) circuit
courts, orphans' courts, such courts for the
city of Baltimore as may be hereinafter pre-
scribed or provided for, and justices of the
peace; all said courts shall be courts of re-
cord, and have a seal to he used in the au-
thentication of all process issuing from them,
The process and official character of justices
of the peace shall be authenticated as hath
heretofore been practiced in this State, or
may hereafter be prescribed by law.
Sec. 2 The judges of the several courts,
except the associated judges of the orphans'
courts, shall lie citizens of the United States,
and of this State, not less than five years
next preceding their appointment, and not
less than one year next preceding their ap-
pointment resident in the judicial district
or circuit, as the case may be, for which they
maybe appointed. They shall be nut less than
thirty years of age at the time of their ap-
pointment, and selected from those who have
been admitted to practice law in ibis State,
and who are most distinguished for integrity,
wisdom and sound legal knowledge.
Sec 3. The judges shall be appointed,
commissioned and designated as chief or as-
sociated justices by the governor, with the
advice and consent of the senate Each-judge
shall hold his office during good behavior, or
until be shall attain the age of sixty years,
when in the discretion of the governor, by
and with the advice and Consent of the sen
ate, he may be reappointed for a term not
exceeding ten years, after which he shall not
be reappointed.
Sec. 4. Any judge shall be removed from
office by the governor, on conviction in a
court of law of incompetency, of wilful ne-
glect of duty, misbehavior in office, or any
other crime, on impeachment according to
this constitution or the laws of the State, or
on the address of the general assembly, two-
thirds of each house concurring in such ad-
dress, and the accused having been notified
of the charges against him. and had opportu-
nity of making his defence
Sec 5. All judges shall, by virtue of their
offices, be conservators of the peace through
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out the State, and no fees or perquisites, com-
mission or reward of any kind shall beallowed
to any judge in this State besides his annual
salary or fixed per diem for the discharge of
any judicial duty.
Sec. 6 No judge shall sit in any case
wherein he May be interested, or where either
of the parties may be connected with him by
affinity or consanguinity within such de-
grees as now are or may hereafter be pre-
scribed by law, or where he shall have been
i of counsel in the case.
Sec. 7. The judge or judges of any court
may appoint such subordinate officers for
their respective courts as may be found neces-
sary, but none other; and no crier shall be
appointed in any court, but clerks or assist-
ant clerks, sheriffs or their deputies, or bailiffs,
as the court directs, shall, without ad-
ditional compensation, perform the duties
heretofore performed by criers.
Sec. 8, The clerks of the several courts
created or continued by this constitution,
shall have charge and custody of the records
and other papers, shall perform all the duties
and be allowed the fees which appertain to
their several offices, as the same now are or
may hereafter be regulated by law.
Sec. 9. The legislature shall provide for
the trial of causes in case of the disqualifica-
tion of all of the judges of the circuit, hut the
parlies to any cause may, by consent, appoint
a proper person to try said cause, and may
try any cause before the court without the
intervention of a jury.
Sec. 10. The judge or judges of any court
of this State, except the court of appeals, may
order and direct the record of proceedings in
any suit or action, issue or petition, present-
ment or indictment pending in such court, to
be transmitted to some other court in the same
or an adjoining circuit having jurisdiction in
such causes, whatever any party to such
cause, or the counsel of any party, shall
make it satisfactorily appear to the court that
such party has a substantial ground of action
or defence, and cannot have a fair and im-
partial trial in the court in which such suit
or action, issue or petition, presentment or
indictment is pending; and the general assem-
bly shall make such modifications of existing
law as may be necessary to regulate and give
force to this provision.
Sec. 11. Every person of good moral char-
acter, being a voter, shall be admitted to prac-
tice law in all the courts of this State in hi»
own case.
PART 11.
Court of Appeals.
Sec. 12 The court of appeals shall consist
of a chief justice and tour associate justices,
and for their selection the State shall be di-
vided into five judicial districts as fellows, viz:
Worcester, Somerset, Dorchester, Talbot
Caroline, Queen Anne, Kent and Cecil coun- |
