JUDICIARY DEPARTMENT. 127

Sec. 34. No appeal shall lie to the Supreme Bench of Baltimore City
from the decision of the Judge or the Judges holding the Baltimore City
Court in case of appeal from a Justice of the Peace; hut the decision by
said Judge or Judges shall be final; and all writs and other process issued
out of either of s'aid 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 City,
shall be proceeded in, and prosecuted to final judgment or decree, in the
Courts, respectively, of the same name established by this Constitution,
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 Con-
stitution of 1867 gave equity jurisdiction to the circuit court for Baltimore city—
see sec. 29 and notes thereto. Hence where an equity case was earned 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 Baltimore
City, except the Supreme Bench, who shall be elected by the legal and quali-
fied 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 misde-
meanor 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 Judges of said
Supreme Bench of Baltimore City shall have power to fill such vacancy
until the general election 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 thereafter; 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 v. State, 96 Md. 124.

The act of 1856, ch. 286, sec. 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 pro-
vides certain qualifications for an office and no right is reserved to the legislature