128 CONSTITUTION OF MARYLAND.

to add to or take away therefrom, only the constitutional qualifications can be
insisted upon. Importance of the word " wilful " and meaning of the word " vacancy "
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 sec. 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.

The clerk of the criminal court of Baltimore, in view of art. 4, sec. 16, of the
Constitution of 1851, was entitled to take the affidavit provided for by the stamp
law of 1844, ch. 280. Atwell v. Grant, 11 Md. 104.

This section referred to in construing secs. 11, 12 and 25—see notes to the latter
section. Wells v. Munroe, 86 Md. 450.

See notes to sections 6 and 25.

Sec. 38. The clerk of the Court of Common Pleas shall have authority
to issue within said city all marriage and other licenses required by law,
subject to such provisions as are now or may be prescribed by law.
The Clerk of the Superior Court of said city shall receive and record all
deeds, conveyances and other papers, which are or may be required by Law
to be recorded in said city. He shall also have custody of all papers con-
nected with the proceedings on the Law or Equity side of Baltimore County
Court and the dockets thereof, so far as the same have relation to the City
of Baltimore, and shall also discharge the duties of Clerk to the Supreme
Bench of Baltimore City unless otherwise provided by Law.

This section referred to in deciding that a license' required by art. 4, sec. 658, of
the public local laws (applicable to Baltimore city), should be issued by the state
and not by the city of Baltimore; hence an indictment charging a failure to obtain
such licenses " contrary to the form of the act of assembly," etc., is not demurrable.
Weber v. State, 116 Md. 409.

This section referred to in deciding that 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. Vansant v. State, 96 Md. 124.
Under art. 4, sec. 15, of the Constitution of 1851, the clerk of the court of com-
mon, pleas was held to have no authority to record mechanics' liens, since by said
section they were required to be recorded in the office of the .clerk of the superior
court. Miller v. Barroll, 14 Md. 184.

Sec. 39. The General Assembly shall, as often as it may think the same
proper and expedient, provide by Law for the election of an additional
Judge of the Supreme Bench of Baltimore City, and whenever provision
is so made by the General Assembly, there shall be elected by the voters of
said City another Judge of the Supreme Bench of Baltimore City, who
shall be subject to the same constitutional provisions, hold his office for the
same term of years, receive the same compensation, and have the same
powers as are, or shall be, provided by the Constitution or Laws of this
State, for the Judges of said Supreme Bench of Baltimore City, and the
General Assembly may provide by Laws, or the Supreme Bench by its
rules for requiring causes in any of the Courts of Baltimore City to be
tried before the Court without a jury, unless the litigants or some one of
them shall within such reasonable time or times as may be prescribed, elect
to have their causes tried before a jury. And the General Assembly may
reapportion, change or enlarge the jurisdiction of the several Courts in
said city.1

1 Thus amended by ch. 313, acts of 1892, ratified November 7, 1893.

Under this section, the general assembly, by the act of 1888, ch. 194, established
circuit court No. 2 of Baltimore city, conferring upon it the same jurisdiction as that
possessed by circuit court of Baltimore city.