of difficulties growing out of the same thing
my friend refers to. Men have brought suits
in which they did not claim any interest
and at other times they have claimed so much
money with interest from such a date; and
the entire question of jurisdiction has grown
out of the question whether they were entitled
to claim interest from the time specified or
from a subsequent time. For instance, a man
has a claim for one thousand dollars, and in-
terest for two years and a half, amounting to
one hundred and fifty dollars. He thinks he
is entitled to interest for that period of time
He brings his suit. The jury, when they come
to take the matter in hand, decide that he is
entitled to the principal; but for some reason
he is not entitled to interest. He is then in
the position of being entirely at the court's
mercy whether he shall not be compiled to
pay costs for bringing his suit there instead
of in the other court. I think it is preferable
as it stands; and I wish it was the same in the
case of justices of the peace.
Mr. MILLER. I will suggest that the juris-
diction prescribed for the superior court is
"over all suits where the debt or damage
claimed, exclusive of interest, shall exceed the
sum of one thousand," When a suit is brought,
whether upon a promissory note, or for other
debt or damage, exceeding that amount, it
comes within the jurisdiction of that court,
A suit may not. be tried for two or three years,
and interest running all the while. When the
jury make up their verdict at the trial of the
cause they bring in, including interest, a sum
exceeding one thousand dollars, as the sum
total of their verdict; and as the sum ren-
dered exceeds or is less than one thousand dol-
lars it will come within the jurisdiction of
one court or the other. I think it is very
clear that these words should be left out.
Mr. STOCKBRIDGE. I do not, think so; but
I am ready to vote on the gentleman's motion
if he makes one,
No amendment was offered.
On motion, and by unanimous consent,
Section thirty-seven was amended by strik-
ing out the word "city," in the designation
of the criminal court of Baltimore.
Section thirty-nine having been read, as
'follows:
''Section 39. All causes pending in the
several courts of Baltimore city, at the adop-
tion of this constitution, shall be prosecuted
to final judgment, as though the jurisdiction
of the several courts in which they may be
pending had not been changed; "
Mr. STOCKBRIDGE said: I move to open sec-
tion thirty-four for amendment, in order to
strike out from line ten to the end of the sec-
tion, as follows: "provided all cases now
pending on the law side of said court, where
the debt or damage claimed is less than one
thousand dollars, shall be prosecuted to final
judgment in said court, as though its jurisdic-
tion had not been changed." The thirty-ninth |
section provides precisely the same thing for
all the courts, of course including the superior
court.
The motion was agreed to.
The amendment was adopted.
CLERKS Or BALTIMORE COURTS.
Tile 41st section having been read, as fol-
lows :
" Sec. 41. There shall be aclerk of the su-
perior court of Baltimore city, and a clerk of
the circuit court of Baltimore city, and a
clerk of the court of common pleas in Balti-
more city, and a clerk of the criminal court
of Baltimore city, and each of the said clerks
shall be elected by the legal and qualified vo-
ters of said city, and shall hold his office for
six years from the first day of January suc-
ceeding his election, and until his successor is
elected and qualified, and be re-eligible there-
to, subject to be removed for wilful neglect of
duty or other misdemeanor in office, on con-
viction in a court of law. In case of a va-
cancy in the office of a clerk of any of the said
courts, the judge of the court of which he was
clerk, shall have the power to appoint a clerk
until the general election for county officers
held next thereafter."
On motion of Mr. STIRLING, and by unani-
mous consent,
The words "in Baltimore city" were
stricken out from the designation of the court
of common pleas, and the word " city ' ' from
the designation of the criminal court of Balti-
more.
Mr. MILLER. I see that in case of a vacan-
cy, the judge is to have power to fill the
vacancy until the general election for county
officers held next thereafter. There is no
provision to show whether that election shall
be for the full term of six years, or for the re-
mainder of the term thus vacated. I think
there ought to be some provision to explain
that,
Mr. STIRLING. Why are they to hold office
"from the first day of January ?" The pres-
ent constitution says the clerks shall hold
office from the time of their election. I move
to open the section to amend it.
Mr. HEBB. I think the change ought to be
made. The clerks of the circuit courts hold
from the time of their election.
The motion was agreed to.
On motion of Mr. STIRLING,
The section was amended by striking out
' 'first day of January succeeding, "and insert-
ing " time of."
Mr. STOCKBRIDGE. A vacancy is to be fill-
ed " until the general election for county offi-
cers held next thereafter." We do not hap-
pen to have " county officers " in the city.
Mr. STIRLING. Yes, sir; the sheriff and
orphans' court judges are county officers.
Section 42d having been read,
On motion of Mr. STIRLING,
' The section was opened for amendment, in |
