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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 536   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

to provide for the hearing of the cases,
or transaction of the business assigned
to said Judge, or Judges, as aforesaid,
before some one, or more of the Judges
of said Court. Sec. 33. The said Supreme Bench of
Baltimore City shall have power, and it
shall be its duty, to provide for the hold-
ing of as many general Terms as the
performance of its duties may require,
such general Terms to be held by not
less than three Judges; to make all need-
ful rules and regulations for the conduct
of business in each of the said Courts,
during the session thereof, and in vaca-
tion, or in Chambers, before any of said
Judges; and shall also have jurisdiction
to hear and determine all motions for a
new trial in cases tried in any of said
Courts, where such motions arise either,
on questions of fact, or for misdirection
upon any matters of Law, and all mo-
tions in arrest of judgment, or upon any
matters of Law determined by the said
Judge, or Judges, while holding said
several Courts; and the said Supreme
Bench of Baltimore City shall make all
needful rules and regulations for the
hearing before it of all of said matters;
and the same right of appeal to the
Court of Appeals shall be allowed from
the determination of the said Court on
such matters, as would have been the
right of the parties if said matters had
been decided by the Court in which said
cases were tried. Sec. 34. No appeal shall lie to the
Supreme Bench of Baltimore City from
the decision of the Judge, or Judges,
holding the Baltimore City Court, in
case of appeal from a Justice of the
Peace; but the decision by said Judge,
or Judges, shall be final; and all writs
and other process issued out of either
of said Courts, requiring attestation,
shall be attested in the name of the
536

Chief Judge of the said Supreme Bench
of Baltimore City. Sec. 35. Three of the Judges of said
Supreme Bench of Baltimore City, shall
constitute a quorum of said Court. Sec. 36. All causes depending, at the
adoption of this Constitution, in the
Superior Court of Baltimore City, the
Court of Common Pleas, the Criminal
Court of Baltimore, and the Circuit
Court of Baltimore City shall be pro-
ceeded in, and prosecuted to final judg-
ment, or decree, in the Courts, respec-
tively, of the same name established by
this Constitution, except cases belonging
to that class, jurisdiction over which is
by this Constitution transferred to the
Baltimore City Court, all of which shall,
together with all cases now pending in
the City Court of Baltimore, be pro-
ceeded in, and prosecuted to final judg-
ment in said Baltimore City Court. Sec. 37. There shall be a Clerk of
each of the said Courts of Baltimore
City, except the Supreme Bench, who
shall be elected by the legal and quali-
fied voters of said City, at the election
to be held in said city on the Tuesday
next after the First Monday of Novem-
ber, in the year eighteen hundred and
sixty-seven, and shall hold his office for
six years from the time of his election,
and until his successor is elected and
qualified, and be re-eligible thereto, sub-
ject to be removed for wilful neglect of
duty, or other misdemeanor in office, on
conviction in a Court of Law. The sal-
ary of each of the said Clerks shall be
thirty-five hundred dollars a year, pay-
able only out of the fees and receipts
collected by the Clerks of said City, and
they shall be entitled to no other per-
quisites, or compensation. In case of a
vacancy in the office of Clerk of any of
said Courts, the Judges of said Supreme

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 536   View pdf image (33K)
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