to act as clerks of said courts respectively,
during the time for which they were severally
elected, and in case of the death, resignation
or disqualification of either of said clerks be-
fore the expiration of the time for which they
were elected, the judge of the court, where
such death, resignation or other disqualifica-
tion may occur, shall have the power to ap-
point a clerk as provided by the thirty-third
section of this article. The present clerk of
the circuit court of Baltimore city shall con-
tinue to act as clerk of said court, until the
first election for members of the general as-
sembly next after the adoption of this consti-
tution, when a clerk of said court shall be
elected in the same manner, and hold his
office for the same time, and be subject to the
same provisions of this constitution as the
clerks of the courts in said city."
Mr. STIRLING. I suggest to my colleague
to strike out " members of the general assembly
and insert "county officers."
Mr. THOMAS modified his amendment ac-
cordingly.
Mr. STOCKBRIDGE As it stands it seems to
me that there ought to be a verbal modifica-
tion made in it. There are no county officers
elected in Baltimore city of course. I suppose
that means county officers throughout the
State; and I would suggest that it be modi-
fied so as to read '' until the first election for
county officers in the State."
Mr. STIRLING. My impression is that it is
perfectly correct as it stands. The city of
Baltimore so far as the clerks of the courts
and the sheriffs are concerned is one of the
counties in the State. The mayor and city
council of Baltimore are a municipal corpo-
ration; and it is only a municipality so far as
they are concerned.
The amendment was agreed to.
No further amendment being offered, the
next section was read, as follows ;
" Sec. 35. The clerk of the superior court
shall have the custody of all dockets, records,
and papers now in the custody of the clerk of
the superior court or court of common pleas,
and of all such other dockets, records and pa-
pers as he may hereafter be required by law
or by the judges of the said court to take cus-
tody of, and shall receive and record all deeds
and other papers required by law to be record-
ed in said city, and not otherwise provided
for; he shall, unless the general assembly shall
provide a different mode, issue all marriage
and other licenses required by law, and dis-
charge all the duties and be subject to all the
obligations heretofore discharged by or impos-
ed upon the clerk of the superior court and the
clerk of the court of common pleas, subject to
such modifications thereof as may be made by
law or by the judges of his said court."
Mr. THOMAS submitted the following amend-
ment :
Strike out section 35, and insert:
" Sec. 35. That the clerk of the court of
56 |
common pleas shall have authority to issue
within said city, all marriage and other licences
required by law, subject to such provisions
as the legislature have now or may hereafter
prescribe, and the clerk of the superior court
of said city shall have the custody of all deeds,
conveyances and other papers now remaining
in the office of said court, and shall hereafter
receive and record all deeds, conveyances and
other papers which are required by law to be
recorded in said city. He shall also have cus-
tody of all other papers connected with the
proceedings on the law or equity side of Bal-
timore county court, and of the dockets there-
of so far as the same have relation to the city
of Baltimore."
Mr. THOMAS said; This is the same provis-
ion that is contained in the present constitu-
tion, including the provisions the legislature
have already prescribed as well as those which
they may hereafter prescribe.
The amendment was agreed to.
No further amendment being offered, the
next section was read as follows :
" Sec. 36. The clerk of the circuit court of
Baltimore city shall have the custody of all the
dockets, records and papers now in the office
and custody of the clerk of the circuit court
of Baltimore city, and of the clerk of the crim-
inal court of Baltimore city, and of all dock-
ets, records and papers hereafter pertaining to
the business of the said circuit court as hereby
constituted, or which he may he required by
law, or by the judges of said court to take
custody of. He shall discharge all the duties
pertaining to the office of clerk of said court,
or which have heretofore been imposed by law
upon the clerks of the circuit or criminal court
of Baltimore city, or which may hereafter be
imposed by law, or required by the judges of
his said court. And the present clerk of the
criminal court of Baltimore city shall beclerk
of the circuit court as hereby constituted un-
til the end of the time for which lie was elected
clerk of said criminal court,"
Mr. THOMAS moved to strike out this sec-
tion.
Mr. STIRLING. This section is useless unless
the convention reconsider the action taken on
Saturday.
The motion was agreed to.
JUDGES OF CIRCUIT COURTS.
Mr. THOMAS submitted the following as an
additional section:
" Sec. ?. There shall be elected by the le-
gal and qualified voters of the third, sixth
seventh, eighth and eleventh judicial circuits
on Tuesday next after the first Monday in the
month of November. 1864, (eighteen hundred
and sixty-four) one person to be judge of
each of said judicial circuits respectively, who
shall possess the same qualifications, exercise
the same powers, receive the same salaries,
and serve for the same term, as prescribed by
this constitution for the judges of the several |
