126 CONSTITUTION OF MARYLAND.

may demand; and the Judge or Judges, so assigned to the said several
Courts, shall, when holding the same, have all the powers and exercise all
the jurisdiction which may belong to the Court so being held; and it shall
also be the duty of the said Supreme Bench of Baltimore City, in case of
the sickness, absence or disability of any Judge or Judges assigned as afore-
said, 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.

The supreme bench of Baltimore city has power under this section to assign two
judges to the criminal court, each to sit with a separate jury. This section construed
in connection with art. 4, sec. 21, and art. 5, secs. 7 and 11. Jackson v. State, 87 Md.
195.
See notes to sec. 8.

Sec. 33. The said Supreme Bench of .Baltimore City shall have power,
and it shall be its duty, to provide for the holding 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 needful rules and regulations
for the conduct of business in each of the 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 deter-
mination 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 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.] 1

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 proposed by
the act of 1870, ch. 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.

1 See the act of 1870. ch. 177, passed in pursuance of sec. 39 of art. 4 of Constitution.