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The Maryland Constitution of 1851
Volume 631, Page 79   View pdf image (33K)
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80               The Maryland Constitution of 1851.            [458

The change in the judicial department was the cause of
much opposition to the adoption of the constitution.44 The
jury was declared to be the judges of law as well as fact
in the trial of all criminal cases.45 All judges were to be
elected by popular vote for a term of ten years. The sal-
ary of the judges of the court of appeals was fixed at
twenty-five hundred dollars per year, and that of the cir-
cuit judges at two thousand. The State was divided into
four, instead of six, judicial districts. The number of
judges in each district was reduced from three to one.46
The court of appeals was composed of four judges; one of
whom was elected from each of the four judicial districts.
The chief judge was to be designated by the governor.
The court of appeals had appellate jurisdiction only, and
its judgment was final in all cases.

In Baltimore City there was established a court of com-
mon pleas, which had civil jurisdiction in all suits where
the debt or damage claimed did not exceed five hundred
dollars; and was not less than one hundred dollars. This
court had also jurisdiction in all cases of appeal from the
judgment of justices of the peace in Baltimore City, and
in all applications for the benefit of the insolvent laws of
the State.47 A superior court of Baltimore City was also
established with jurisdiction over all suits where the debt
or damage claimed exceeded five hundred dollars. Each
of these courts consisted of one judge, elected by the voters
of Baltimore City, for a term of ten years. The salary of
the judges was twenty-five hundred dollars annually.48 A
criminal court of Baltimore City was also established,
which exercised the jurisdiction heretofore exercised by
the Baltimore City court.49 In place of the county courts,
the constitution of 1851 established circuit courts. For
this purpose, the State was divided into eight judicial cir-
cuits. For each of these judicial circuits (except the fifth,

44 Baltimore American. June 3, 1851.                  45 Art. x, sec. 5.

46 Art. iv, sec. 7.                                                 47Art. iv, sec, 10.

48 Art. iv, sec. 12.                                                49 Art iv, sec. 13.

 

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The Maryland Constitution of 1851
Volume 631, Page 79   View pdf image (33K)
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