ART. IV] . JUDICIARY DEPARTMENT. 87

City, shall be proceeded in, and prosecuted to final judgment or decree,
in the Courts, respectively, of the same name established by this Con-
stitution, 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 proceeded in and prosecuted to final judgment in said
Baltimore City Court.

This section referred to in deciding that whatever may have been the
power and authority of the superior court to pass orders in an equity
case prior to a final decree, it clearly had no authority to pass orders
with a view to future litigation; the constitution of 1867 gave equity
jurisdiction to the circuit court for Baltimore City—see section 29 and
notes thereto. Hence where an equity case was carried to a final decree
in the superior court prior to the constitution of 1867, after the adoption
of that constitution the circuit court, and not the superior court, had
jurisdiction over subsequent proceedings concerning the trust. Orrick v.
Boehm, 49 Md. 97.

Sec. 37. There shall be a Clerk of each of the said Courts of Balti-
more City, except the Supreme Bench, who shall be elected by the legal
and qualified voters of said city, at the election to be held in said city
on the Tuesday next after the first Monday of November, 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, subject to be removed for wilful
neglect of duty or other misdemeanor in office, on conviction in a
Court of Law. The salary of each of the said Clerks shall be thirty-five
hundred dollars a year, payable only out of the fees and receipts
collected by the clerks of said city, and they shall be entitled to no
other perquisites or compensation. In case of a vacancy in the office of
Clerk of any of said Courts, the Jiidges of said Supreme Bench of Balti-
more City shall have power to fill such vacancy until the general elec-
tion of Delegates to the General Assembly to be held next thereafter,
when a Clerk of said Court shall be elected to serve for six years there-
after ; and the provisions of this Article in relation to the appointment
of Deputies by the Clerks of the Circuit Courts in the counties shall
apply to the Clerks of the Courts in Baltimore City.

A clerk who deposits in bank until it is paid over, money of the state
collected for licenses and from other sources, is liable for interest received
thereon from the banks. Meaning of the word "perquisites." Vansant 13.
State, 96 Md. 124.

The act of 1856, chapter 286, section 5, providing that the neglect of
the clerk to give bond should be a disqualification within the meaning of-
this section, and that the judge should appoint a new clerk, etc., held void
because it provided for the removal of the clerk in a manner in conflict
with this section. Where the constitution provides certain qualifications
for an office and no right is reserved to the legislature to add to or take
away therefrom, only the constitutional qualifications can be insisited
upon. Importance of the word "wilfull" and meaning of the word "va-
cancy" as used in this section (as it stood in the constitution of 1851).
Dowling v. Smith, 9 Md. 269.

This section referred to in construing section 26, and in holding the
official bond of a clerk liable for the salaries of his deputies. State, use
Smith, v. Turner, 101 Md. 588.