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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 249   View pdf image (33K)
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249
of age, nor over seventy years of age, from
each of the counties composing the respective
Judicial Districts, who shall be elected every
ten years by the voters of each county, who
shall act as an Orphans' Court in all matters
within the sphere of the duties of the Or-
phans' Court, as now defined by law, who
shall be styled Judges of Probate and Ad-
ministration, and whose jurisdiction shall
not extend to any other matters over which
the Presiding Judge of Equity, Probate and
Administration may have jurisdiction, as
defined under the present system.
6th. That the Judges of the Circuit Courts
and Courts of Equity, Probate and Admin-
istration shall be elected for the period of
twenty years, be ineligible after their said
term of service for the same positions, and
incapable of acting after they have arrived at
the age of seventy years.
In case of death, disqualification or remov-
al from the State, or from their office, the
remainder of their term so vacated shall be
filled by an appointment by a joint vote of
the General Assembly of Maryland, if in ses-
sion, or by the Executive, (if the Legislature
be not in session, or should fail to elect,)
subject to a ratification by the Senate.
7th. That with a view to a fair division of
the counties of the State into Judicial Dis-
tricts, the following enumeration is suggested:
First Judicial District.—Worcester, Som-
erset and Dorchester counties.
Second Judicial District.—Talbot, Caroline
and Queen Anne counties.
Third Judicial District.—Kent, Cecil and
Harford counties.
Fourth Judicial District.—Baltimore and
Carroll counties.
Fifth Judicial District.—Frederick and
Montgomery counties.
Sixth Judicial District.—Washington and
Allegany counties.
Seventh Judicial District.—Howard, Anne
Arundel and Prince George's county.
Eighth Judicial District.—Charles, Calvert
and St. Mary's counties.
Ninth and Tenth Judicial Districts.—That
the city of Baltimore shall be divided into
two Judicial Districts, in which the following
courts shall be created :
The First District shall embrace the first
ten wards—the 1st, 2d, 3d, 4th, 5th, 6th, 7th,
8th, 9th and 10th.
The Second District shall embrace the re-
maining ten wards—the 11th, 12th, 13th,
14th, 15th, 16th, 17th, 18th, 19th and 20th.
Each of said districts shall contain one
Circuit Court, the. Judge of which shall be
elected for twenty years by the qualified vo-
ters of the wards composing each of said
districts. Each of them shall also contain a
Court of Equity, Probate and Administra-
tion, in which there shall be a Chief Presid-
ing Judge, learned in the law, who shall be
elected for twenty years, with two associates,
17
to be styled Judges of Probate and Admin-
istration, who shall be men of sound judg-
ment and integrity, over thirty years of age,
and elected every ten years by the qualified
voters of their respective wards of each of
said Judicial Districts.
There shall also be a Superior Court,
whose jurisdiction shall embrace the whole
city, and all civil cases wherein the matter
in controversy shall exceed the sum of fifteen
hundred dollars, and where the damages
claimed shall exceed the like sum of fifteen
hundred dollars, whose Judge shall be elected
for twenty years.
There shall also be a Criminal Court,
whose jurisdiction shall extend over the whole
city, and whose Judge shall be elected for
twenty years.
The said Judges of the Circuit Courts,
Courts of Equity, Probate and Administra-
tion, Superior Court and Criminal Court,
shall be ineligible for the same positions, be
over thirty years of age, and their seats de-
clared vacant upon their arrival at seventy
years of age.
In case of death, disqualification or remo-
val, the remainder of their term shall be filled
by a joint vote of the General Assembly, if
in session; and in case of failure so to do,
by the Executive of the State, subject to the
ratification of the Senate.
8th. That the 'salaries of each of said
Judges of the Circuit Courts, Courts of Pro-
bate, Equity and Administration, for the
several counties, and also of the several
courts of the city of Baltimore, shall not be
less than three thousand dollars; and the
Judges of Probate and Administration in the
several counties of the State, and of the two
districts in the city of Baltimore, shall be
allowed ......... dollars per day for each day
they may be in attendance.
DECLARATION Of RIGHTS—TREASON.
The Convention resumed the consideration
of the Declaration of Rights, reported by the
chairman on its second reading, to which
Mr. Stirling had submitted the following
amendment:
Article 26, strike out all after the word
" that ' ' in the first line, and insert: ' ' No con-
viction shall work corruption of blood, nor
shall there be any forfeiture of the estate of
any person for any crime except treason, and
then only on conviction,"
To which amendment Mr. Clarke had sub-
mitted the following amendment;
Add the words " which forfeiture of estate
shall only continue during the life of the
person convicted."
Mr. TODD. I am opposed to the amend-
ment offered by the gentleman from Prince
George's, (Mr. Clarke,) and in favor of the
adoption of the amendment offered by the
member from Baltimore city, ( Mr. Stirling}
In the discussion which was had here yes
terday, reference was made to a passage of


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 249   View pdf image (33K)
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