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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1856   View pdf image (33K)
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1856
At the end of the tenth section add the fol-
lowing words: "In all the courts of this
State."
In the second line of the twelfth section
strike out the word "so" before the word
"emancipated."
The committee recommend the adoption of
the following sections:
"Section 14. All elections of judges and
other officers provided for by this constitution,
State's attorneys excepted, shall be certified,
and the returns made by the clerks of the
respective counties to the governor, who shall
issue commissions to the different persons for
the offices to which they shall have been res-
pectively elected; and in all such elections,
the person having the greatest number of
votes, shall be declared to be elected.
"Section 15. If in any case of election for
judges, clerks of the courts of law, and regis-
ters of wills, the opposing candidates shall
have an equal number of votes, it shall be
the duty of the governor to order a new elec-
tion; and in case of any contested election,
the governor shall send the returns to the
house of delegates, who shall judge of the
election and qualification of the candidates at
such election.
" Section 16. All public commissions and
grants shall run thus: ' The State of Mary-
land, &c.," and shall be signed by the gover-
nor, with the seal of the State annexed; all
writs and process shall run in the same style,
and be tested, sealed and signed as usual ;
and all indictments shall conclude 'against
the peace, government and dignity of the
State.' "
In the first line of the twenty-second sec-
tion strike out the word " provisions " and
insert "provision."
In the twenty-third section insert the words
" in office" after the word " misdemeanor."
In the thirty-first section strike out the
words "their offices," and insert the words
" his office." The sentence will then read as
follows:
" Each court shall consist of one judge,
who shall be elected by the legal and quali-
fied voters of said city, and shall hold his of-
fice for the term of fiteen years."
In the thirty-third section insert' the word
"commissioners" for "commissioner,"and
strike out all the section from and after the
word " streets."
In the thirty-sixth section, for " the crim-
inal court of Baltimore city" insert "the
criminal court of Baltimore."
In the thirty-ninth section strike out the
following words: '' There shall be a clerk of
the superior court of Baltimore city; and a
clerk of the circuit court of Baltimore city,
and a clerk of the court of common pleas in
Baltimore 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 voters of said city, "and insert there-
for these words:
" There shall be a clerk of each of the said
courts of Baltimore city, who shall be elected
by the legal and qualified voters of said city."
At the end of this section add the following :
" When a clerk of said court shall be elected
to serve for six years thereafter."
In the forty-second section, strike out the
word " legislature " and insert " general as-
sembly." Also strike out the words "shall
have the custody of all deeds, conveyances
and other papers now remaining in the office
of said court, and hereafter." Also strike
out the word " other " before the word " pa-
pers " in the same section.
Strike out the first sentence of the forty-
third section, and insert therefor the follow-
ing:
" Section 43. There shall be an orphans'
court in the city of Baltimore, and in each of
the counties of this State."
In the forty-fifth section, instead of "the
said orphans' court" read "the orphans'
court."
And in the forty-seventh section, after the
words " subject to such right of appeal in all
cases," insert " from the judgment of justices
of the peace."
The committee now close their report on
the judiciary.
GEORGE EARLE, Chairman,
The amendments above recommended by
the committee were adopted by the conven-
tion.
CONTINUES AND TOWNSHIPS.
Mr. EARLE, from the committee of revision,
reported back to the convention the article on
counties and townships, without amend-
ment.
SCHEDULE.
Mr. EARLE. I ana instructed by the com-
mittee of revision to report back to the con-
vention the article "schedule," with the fol-
lowing proposed amendments:
First, strike out the second section. This
section reads as follows: " The common law
and statute law now in force, and not repug-
nant to this constitution, shall remain in force
until they expire by their own limitation, or
are altered by the general assembly."
The, substance of this section is embraced
in the fourth article of the declaration of
rights; the section therefore is unnecessary.
The committee next recommend that the
fourth section of this article be transferred to
the article on the legislative department,—
This section reads as follows :
"Section 4. The general assembly shall
have power to pass all such laws as may be
necessary and proper for carrying' into exe-
cution the powers vested by this constitution
in any department or office of the govern-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1856   View pdf image (33K)
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