ART. IV] JUDICIARY DEPARTMENT. 83

Sec. 26. The said Clerks shall appoint, subject to the confirmation
of the Judges of their respective Courts, as many deputies under them,
as the said Judges shall deem necessary to perform, together with them-
selves, the duties of the said office, who shall be removable by the said
Judges for incompetency, or neglect of duty, and whose compensation
shall be according to existing or future provisions of the General Assem-
bly.

The duty of employing deputies is imperative, and they must be ap-
pointed with the approval of the judge of the court; and they can not
be retained if found by the judge to be incompetent or negligent. The
clerk can not appoint a greater or less number of deputies than the court
deems necessary. The clerk can not fix the salaries of the deputies, but
must allow such salaries as the comptroller shall determine—see article
17, section 16, of the Annotated Code. Deputies are not mere agents of
the clerk; they are agents and officers of the court. If the clerk fails to
pay his deputies their salaries, his official bond is liable. State, use of
Smith, v. Turner, 101 Md. 588.

Part IV:—Courts of Baltimore City.

Sec. 27. There shall be in the Eighth Judicial Circuit six Courts,
to be styled the Supreme Bench of Baltimore City, the Superior Court
of Baltimore City, the Court of Common Pleas, the Baltimore City
Court, the Circuit Court of Baltimore City* and the Criminal Court+
of Baltimore.

See notes to section 28.

See article 11 of the Maryland constitution.

Sec. 28. The Superior Court of Baltimore City, the Court of Com-
mon Pleas, and the Baltimore City Court++ shall each have concurrent
jurisdiction in all civil common law cases, and concurrently all the
jurisdiction which the Superior Court of Baltimore City and the Court
of Common Pleas now have, except jurisdiction in Equity, and except
in applications for the benefit of the Insolvent Laws of Maryland, and
in cases of Appeal from judgments. of Justices of the Peace in said
city, whether civil or criminal, or arising under the ordinances of the
Mayor and City Council of Baltimore, of all of which appeal cases the
Baltimore City Court shall have exclusive jurisdiction; and the said
Court of Common Pleas shall have exclusive jurisdiction in all applica-
tions for the benefit of the Insolvent Laws of Maryland, and the super-
vision and control of the Trustees thereof.

Constitution of 1851.

Jurisdiction of appeals involving the condemnation of land for the open-
ing of streets, held not to be given to the superior court by article 4,
section 11, of the constitution of 1851. Baltimore v. Clunet, 23 Md. 465.

Under article 4, sections 10 and 11, of the constitution of 1851, the
court of common pleas was held to have no jurisdiction in a proceeding

*Circuit court No. 2 established by act of 1888, chapter 194.

+Criminal court No. 2 established by rule of the supreme bench, December 21,
1897. See Jackson v. State, 87 Md. 191.

++The jurisdiction of the Baltimore City court, the superior court and the court
of common pleas was enlarged by the act of 1870, chapter 177.