86 CONSTITUTION OF MARYLAND. [ART. IV

said Courts, during .the session thereof, and in vacation, 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 motions 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 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.

[The Judge, before whom any case may hereafter be tried, in either
the Baltimore City Court, .the Superior Court of Baltimore City, or the
Court of Common Pleas, shall have exclusive jurisdiction to hear and
determine, and the said Judge shall hear and determine all motions for
a new trial where such motions arise, either on questions of fact or for
misdirection upon any matters of law, and all motions in arrest of
judgment, or upon any matters of law, determined by the said Judge,
and all such motions shall be heard and determined within thirty days
after they are made.]*

The portion of this section authorizing the supreme bench to make all
needful rules, etc., does not render a particular court powerless to act, to
try cases and to administer justice in case the supreme bench neglects
to adopt rules, or in case such rules as are adopted fail to meet all possible
emergencies. The court must act, however, consistently with the rules that
have been, adopted and may not dispense at pleasure with its own rules.
The fixing by a judge of the time for the call of the stet docket, held valid.
Gibbons v. Chury, 53 Md. 148.

For cases involving this section as it stood before the amendment pro-
posed by the act of 1870, chapter 177, see Merrick v. B. & O. R. R. Co., 33
Md. 485; Roth v. House of Refuge, 31 Md. 332; Dykes v. Banks, 31 Md. 239.

Sec. 34. No appeal shall lie to the Supreme Bench of Baltimore
City from the decision of the Judge or the Judges holding the Balti-
more 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 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

*See the act of 1870, chapter 177, passed in pursuance of section 39 of article
4 of the constitution.