74 CONSTITUTION OF MARYLAND. [ART. IV

Generally.

An appeal lies from the action of the court in striking out a judgment
solely upon the ground that the court had no jurisdiction, although the
motion is made during the term at which the judgment was rendered.
This section, as it stood before the amendment of 1874, chapter 364, dealt
with. Kimball v. Harman, 34 Md. 403.

The amendment to this section proposed by the act of 1874, chapter 364,
and the fact that said act was not set out verbatim on the journals, re-
ferred to in upholding an amendment to article 7, section 1—see notes
thereto and to article 14, section 1. Worman v. Hagan, 78 Md. 164.

This section referred to in dealing with article 4, section 39—see notes
thereto. City Passenger Ry. Co. v. Nugent, 86 Md. 360.

See article 4, section 39; article 15, section 6, and notes to article 4,
section 7.

See article 75, section 102, et seq., of the Annotated Code.

See articles 5 and 20 of the declaration of rights.

Sec. 9. The Judge or Judges of any Court may appoint such officers
for their respective Courts as may be found necessary; and such officers
of the Courts in the City of Baltimore shall be appointed by the Judges
of the Supreme Bench of Baltimore City. It shall be the duty of the
General Assembly to prescribe by law a fixed compensation for all such
officers, and said Judge or Judges, shall from time to time investigate
the expenses, costs and charges of their respective Courts, with a view
to a change or reduction thereof, and report the result of such investiga-
tion to the General Assembly for its action.

Without this section the judges undoubtedly have the power to appoint
such officers as are necessary for the proper conduct of the business of the
courts. This section referred to in deciding that the control of the court
house vested by article 25, section 1, of the Annotated Code, in the county
commissioners, could not be given to the court crier—see notes to article
8 of the declaration of rights. Prince George's County v. Mitchell, 97 Md.
228.

Sec. 10. The Clerks of the several Courts created or continued by
this Constitution shall have charge and custody of the records and other
papers; shall perform all the duties, and be allowed the fees which
appertain to their several offices, as the same now are or may hereafter
be regulated by law. And the office and business of said Clerks, in all
their departments, shall be subject to the visitorial power of the Judges
of their respective Courts, who shall exercise the same, from time to
time, so as to insure the faithful performance of the duties of said
offices; and it.shall be the duty of the Judges of said Courts, respec-
tively, to make from time to time such rules and regulations as may be
necessary and proper for the government of said Clerks, and for the
performance of the duties of their offices, which shall have the force of
law until repealed or modified by the General Assembly.

The visitorial power given the judges over the clerks is for the purpose
of securing the faithful performance of duty; it was not the design to
relieve the clerks from obligations to do what the law already required of
them; the judges have no other or greater power than of supervisal, regu-
lation and direction. An order of court requiring the clerk to make a cer-
tain index and providing for his compensation therefor, held invalid.
Peter v. Prettyman, 62 Md. 575.

See article 17 of the Annotated Code.