order to insert the words in the fifth line,
''and until their successors are elected and
qualified ;" and the amendment was adopt-
ed.
By unanimous consent,
The word "41st" was stricken out in line
nine, and "39th" inserted, to correspond
with the renumbering of the sections.
Section 43d having been read,
On motion of Mr. RIDGELY, and by unani-
mous consent,
The word "legislature " was stricken out,
and the words " general assembly " were in-
serted in the first line.
The 44th section was read as follows;
"Sec. 44. The clerk of the court of com-
mon pleas shall have authority to issue with-
in 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 lo 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."
On motion of Mr. MILLER, and by unani-
mous consent,
The word "other " was stricken out in the
ninth line, so as to read, " he shall also have
custody of all papers '' &c.
Mr. HEBB, by unanimous consent, submit-
ted the following amendment:
Insert as section 26, the following:
" The judges of the respective circuit courts
of this State, or of the courts of the city of
Baltimore, shall render their decision in all
cases argued before them, or submitted for
their judgment, within two months after the
same shall have been so argued or submit-
ted. "
Mr. HEBB said: I have known cases re
tained in courts of law over two years.
The amendment was agreed to.
Section 45th having been read,
On motion of Mr. STOCKBRIDGE, and by
unanimous consent,
The expression " the mayor and city coun
cil of Baltimore" was substituted for "the
mayor and council of the city of Baltimore.''
SHERIFFS, &C.
The 47th section having been read,
Mr. STOCKBRIDGE said: There is an inaccuracy
racy in that, arising from the change in the
courts of Baltimore city. It provides that in
case of vacancy the circuit court shall ap-
point a person to be sheriff. I hope that will
be modified.
Mr. STIRLING. I move to open the section |
and strike out "circuit court" and insert
' ' governor. ' ' That will apply to the whole
State, and give the governor the power to fill
a vacancy in the office of sheriff.
Mr. CHAMBERS. What is the difficulty as it
stands ?
Mr. STIRLING. We have four judges in the
city of Baltimore, and the question is who
shall make the appointment,
The motion to open the section was agreed
to, and the amendment wars adopted.
Mr. MILLER. I have another suggestion to
make. The time of the election of sheriffs is
not fixed.
Mr. STIRLING. I have an amendment to
offer; and I do not know whether it is ger-
main here or in the schedule. I will move to
add this section to the report; and if the com-
mittee of revision think it belongs anywhere
else they can change it.
"Sec.— There shall be an election held in
the several counties and in the city of Balti-
more, on the Tuesday next after the first
Monday in the month of November in every
second year. The first election to be held in
the year eighteen hundred and sixty-five, at
which elections all clerks of courts and regis-
ters of wills, judges of the orphans' court,
sheriffs, county commissioners, and all other
county officers elected by the people shall be
chosen whenever an election for any such
officer is required to be held, but this shall
not apply to the municipal officers of any
incorporated town or city."
The motion to open the report to admit the
amendment was agreed to.
Mr. NEGLEY. It seems to me that this ought
to goo into the schedule.
Mr. STIRLING. The schedule is already
passed upon.
Mr. HEBB. There is a provision now that
all officers now in office shall hold their
offices until their present terms expire.
Mr. MILLER. This provides fur an election
in 1865. Do the terms of the judges of the
orphans' court expire in 1865?
Mr. MULLIKIN. I have an objection to this
section, that we must have an election in the
county every year.
Mr. STIRLING. That is already provided
for in the constitution. It is very important
that this should be perfectly clear; and as
there seems to be some doubt about it, I will
withdraw the amendment.
Mr. HEBB. Will it be in order to refer the
amendment to the committee of revision?
The PRESIDENT. The amendment can be
sent to the committee on revision to accom-
pany the report.
Mr. HEBB. Then I make that motion.
The motion was agreed to.
i Mr. MARBURY moved to open the nineteenth
- section of the report, in order to restore the
i old circuit system,
The motion was not agreed to.
a The report on the judiciary department |
