[Art. 4] JUDICIARY DEPARTMENT 111

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 regula-
tions for the conduct of business in each of the said Courts, during the ses-
sion 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.

Por 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.

Cited but not construed in Quenstedt v. Wilson, 173 Md. 17.

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; 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 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.

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