THE JUDICIARY.
Mr. CLARKE. I now offer the following
sections to the report of the judiciary commit-
tee, in order that they may go upon the jour-
nal as amendments to the different sections.
If we should immediately go on with the ju-
diciary report, I suppose they would come up
at once.
PART III.
County and Circuit Courts.
"Section 19. There shall be a judge for
each county in the State, who shall be elected
by the legal and qualified voters of the several
counties. He shall be a resident for one year
in the county for which he may be elected
next before the time of his election, and shall
reside in the county for which he is elected
while he continues to act as judge."
'' Section 20. There shall be a court in
each county in the State; they shall be called
equity courts for the county in which they
are held. The judge elected for each county,
shall be the judge of the said court, and shall
have and exercise in the county for which lie
is elected, the full and exclusive power, au-
thority and jurisdiction of a court of equity,
in their said county, with all the chancery
powers which the present circuit courts have
as courts of equity in the several counties, or
which may be hereafter prescribed by laws
made pursuant to this constitution, with the
right of appeal to the court of appeals, as is
now or may be hereafter provided for by law
He shall hold at least four terms of the equity
court for the county, or oftener if required by
law, and shall be ex-officio chief judge of the
orphans' court of the county for which he is
elected.
"Section 21. Same as section 19 in the
report of the committee
" Section 22. in each of the above name:
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 me several counties of the
respective circuits all the common law power
and authority, original and appellate, and
criminal jurisdiction which the circuit court
for the several counties now have, hold and
exercise, or which may hereafter be prescribe
by laws made pursuant to this constitution.
"Section 23. The judges of the several coun
ties compromising the said judicial circuits shall
be the judges of the circuit courts for the respec
five counties embraced within the said judicial
circuits. The governor, by and with the and
vice and consent of the senate, shall designate
the cheif 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 be fixed by law, such terms to be
never less than two in each year in each coun- |
ty. Special terms may be held by said judges,
in their discretion, whenever the business
the several counties renders such terms neces-
sary; a single judge may hold sessions of the
circuit court for the disposal of all business
merely formal and uncontested, such causes
civil or criminal as the parties litigant shall
consent in writing to try before a single
judge, and appeals from justices of the peace
where the parlies agree in writing to waive a
trial by jury, and to try the appeal before a
single judge.
"Section 24. The chief justice when so ap-
pointed as herein prescribed, shall when at.
tending., preside in said courts, and in case of
his absence or his withdrawn from the bench,
the judge next in security, to he determined
from the date of the commission, who shall
be present shall preside therein; and in case
the death, disqualification or refusal to act, of
the person appointed chief justice as alore-
said, the judge next in seniority as aforesaid,
shall he the chief justice of the said court un-
til a new appointment of chief justice shall
be made as aforesaid."
The convention resumed the consideration
of the article on the judiciary department on
its second reading. The pending section was
the following:
"Sec. 20. In each of the above named cir-
cuits, 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 all the power, authority juris-
diction, original and appellate, which the
present circuit courts of this State now have
and exercise, or which may hereafter be pre-
scribed by law."
Mr. HEBB had submitted the following
amendment:
"Sec. 20. One court shall be he'd in each
county of the State; the said courts shall be
called circuit courts for the county in which
they may be held, and shall have and exer-
cise all the power, authority and jurisdiction,
original and appellate, which the present cir-
cuit courts of this State now have and exercise
, or which may hereafter be prescribed by
law."
Mr. CLARKE had submitted the following
amendment lo the amendment :
" Sec. 20. There shall be a judge for each
county in the State, who shall be elected by
the legal and qualified voters thereof, from
among those learned in the law."
Mr. HEBB. I think the gentleman amend-
ment more properly belongs to the next sec
tion. It refers to the judges, whereas the
section refers to the courts.
Mr. CLARKE. I withdraw it.
The question recurred upon Mr. HEBB'S
amend ment.
Mr. NEGLEY. In some respects I like the
amendment offered by the gentleman. from
Allegany (Mr. Hebb) better than the original |
