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law, and Registers of Wills, the opposing candidates shall have an equal
number of votes, it shall be the duty of the Governor to order a new elec-
tion; and in case of any contested election, the Governor shall send the
returns to the House of Delegates, which shall judge of the election and
qualification of the candidates at such election; and if the judgment shall
be against the one who has been returned elected, or the one who has been
commissioned by the Governor, the House of Delegates shall order a new
election within thirty days.

SEC. 13. All public commissions and grants shall run thus: "The State
of Ma viand, etc.," and shall be signed by the Governor, with the seal of
the S annexed; all writs and process shall run in the same style, and be
tested, i lied and signed, as heretofore, or as may hereafter be provided by
law, and &1' indictments shall conclude, "against the peace, government and
dignity of the State."

Part II.— Court of Appeals.

SEC. 14. The Court of Appeals shall be composed of the Chief Judges of
the first seven of the several judicial circuits of the State, and a Judge from
the city of Baltimore specially elected thereto, one of whom shall be desig-
nated by the Governor, by and with the advice and consent of the Senate, as
the Chief Judge; and in all cases, until action by the Senate can be had, the
Judge so designated by the Governor shall act as Chief Judge. The Judge
ol the Court of Appeals from the city of Baltimore shall be elected by the
qualified voters of said city at the election of Judges to be held therein, as
hereinbefore provided; and in addition to his duties, as Judge of the Court
of Appeals, shall perform such other duties as the General Assembly shall
prescribe. The jurisdiction of said Court of Appeals shall be co-extensive
with the limits of the State, and such as now is or may hereafter be pre-
scribed by law. It shall hold its sessions in the city of Annapolis, on the
second Monday in January, the first Monday in April and the first Monday



340 CONSTITUTION OF THE

in October of each and every year, or at such other times as the General
Assembly may by law direct. Its sessions shall continue not less than ten
months in the year, if the business before it shall so require; and it shall be
competent for the Judges, temporarily, to transfer their sittings elsewhere,
upon sufficient cause.

SEC. 15. Four of said Judges shall constitute a quorum; no cause shall
be decided without the concurrence of at least three; but the Judge who
heard the cause below, shall not participate in the decision; in every case an
opinion, in v/riting, shall be filed within three months after the argument,
or submission of the cause; and the judgment of the court shall be final and
conclusive; and all cases shall stand for hearing at the first term after the
transmission of the record.

SEC. 16. Provision shall be made by law for publishing reports of all
causes, argued and determined in the Court of Appeals, which the Judges
shall designate as proper for publication.

SEC. 17. There shall be a Clerk of the Court of Appeals, who shall be
elected by the legal and qualified voters of the State, who shall hold his
office for six years, and until his successor is duly qualified; he shall be
subject to removal by the said court for incompetency, neglect of duty,
misdemeanor in office, or such other cause, or causes, as may be prescribed
by law; and in case of a vacancy in the office of said clerk, the Court of
Appeals shall appoint a clerk of said court, who shall hold his office until
the election and qualification of his successor, who shall be elected at the
next general election for members of the General Assembly; and the person,
so elected, shall hold his office for the term of six years from the time of
election.

SEC. 18. It shall be the duty of the Judges of the Court of Appeals, as
soon after their election, under this Constitution, as practicable, to make
and publish rules and regulations for the prosecution of appeals to said
appellate court, whereby they shall prescribe the periods within which
appeals may be taken, what part or parts of the proceedings in the court
below shall constitute the record on appeal, and the manner in which such
appeals shall be brought to hearing or determination, and shall regulate,
generally, the practice of said Court of Appeals, so as to prevent delays,
and promote brevity in all records and proceedings brought into said court,
and to abolish anJ avoid all unnecessary costs and expenses in the prosecu-
tion of appeals therein; and the said Judges shall make such reductions in
the fees and expenses of the said court, as they may deem advisable. It
shall also be the duty of said Judges of the Court of Appeals, as soon after
their election as practicable, to devise, and promulgate by rules, or orders,
forms and modes of framing and filing bills, answers, and other proceedings
and pleadings in equity; and also forms and modes of taking and obtaining
evidence, to be used in equity cases; and to revise and regulate, generally,
the practice in the courts of equity of this State, so as to prevent delays, and
to promote brevity and conciseness in all pleadings and proceedings therein,
and to abolish all unnecessary costs and expenses attending the same. And
all rules and regulations hereby directed to be made, shall, when made, have



STATE OF MARYLAND 341

the force of law, until rescinded, changed or modified by the said Judges,
or the General Assembly.



Part III. — Circuit Courts.

SEC. 19. The State shall be divided into eight judicial circuits, in manner
following, viz: The counties of Worcester, Somerset, Dorchester and Wi-
comico, shall constitute the First Circuit; the counties of Caroline, Talbot,
Queen Anne's, Kent and Cecil, the Second; the counties of Baltimore and
Harford, the Third; the counties of Allegany, Washington and Garrett, the
Fourth; the counties of Carroll, Howard and Anne Arundel, the Fifth; the
counties of Montgomery and Frederick, the Sixth; the counties of Prince
George's, Charles, Calvert and St. Mary's, the Seventh, and Baltimore City,
the Eighth.

SEC. 20. A court shall be held in each county of the State, to be styled
the Circuit Court for the County, in which it may be held. The said circuit
courts shall have and exercise, in the respective counties, all the power,
authority and jurisdiction, original and appellate, which the present circuit
courts of this State now have and exercise, or which may hereafter be pre-
scribed by law.

SEC. 21. For each of the said circuits (excepting the Eighth) there shall
be a Chief Judge and two Associate Judges, to be styled Judges of the
Circuit Court, to be elected or appointed, as herein provided. And no two
of said Associate Judges shall, at the time of their election, or appointment,
or during the term, for which they may have been elected, or appointed,
reside in the same county. If two or more persons shall be candidates for
Associate Judge, in the same county, that one only in said county shall be
declared elected, who has the highest number of votes in the circuit. In
case any two candidates for Associate Judge, residinc in the same county,
shall have an equal number of votes, greater than any other candidate for
Associate Judge, in the circuity it shall be the duty of the Governor to
order a new election for one Associate Judge; but the person, residing in
any other coimty of the circuit, and who has the next highest number of
votes shall be declared elected. The said Judges shall hold not less than
two terms of the Circuit Court in each of the counties, composing their
respecting circuits, at such times as are now, or may hereafter be pre-
scribed, to which jurors shall be summoned; and in those counties, where
only two such terms are held, two other and intermediate terms, to which
jurors shall not be summoned; they may alter or fix the times for holding
any, or all terms until otherwise prescribed, and shall adopt rules to the end
that all business not requiring the interposition of a jury shall be, as far
as practicable, disposed of at said intermediate terms. One Judge, in each
of the above circuits, shall constitute a quorum for the transaction of any
buciness, and the said Judges, or any of them, may hold special terms of
their courts, whenever, in their discretion, the business of the several coun-
ties renders such terr.s necessary.



:)-»-' CONSTITUTION OF THE

SEC. 22. Where any term is held, or trial conducted by less than the
whole number of said Circuit Judges, upon the decision, or determination of
any point, or question, by the court, it shall be competent to the party,
against whom the ruling or decision is made, upon motion, to have the
point, or question, reserved for the consideration of the three Judges of the
circuit, who shall constitute a court in banc for such purpose; and the
motion for such reservation shall be entered of record, during the sitting, at
which such decision may be made; and the several circuit courts shall
regulate, by rules, the mode and manner of presenting such points, or ques-
tions to the court in banc, and the decision of the said court in banc shall be
the elective decision in the premises, and conclusive, as against the party,
at whose motion said points, or questions were reserved; but such decision
in banc shall not preclude the right of appeal, or writ of error to the adverse
party, in those cases, civil or criminal, in which appeal, or writ of error to
the Court of Appeals may be allowed by law. The right of having questions
reserved shall not, however, apply to trials of appeals from judgments of
Justices of the Peace, nor to criminal cases below the grade of felony, ex-
cept when the punishment is confinement in the penitentiary; and this sec-
tion shall be subject to such provisions as may hereafter be made by law.

SEC. 23. The Judges of the respective circuit courts of this State, and of
the courts of Baltimore City, shall render their decisions, in all cases argued
betore them, or submitted for their judgment, within two months after the
same shall have been so argued or submitted.

SEC. 24. The salary of each Chief Judge, and of the Judge of the Court
of Appeals from the city of Baltimore shall be ?8,.500, and of each Associate
Judge of the Circuit Court, shall be ?2,S00 per annum, payable quarterly,
and shall not be diminished during his continuance in office.

SEC. 25. There shall be a Clerk of the Circuit Court for each county,
who shall be elected by a plurality of the qualified voters of said county,
and shall hold his ofTice for six years from the time of his election, and
until his successor is elected and qualified, and be re-eligible, subject to be
removed for wilful neglect of duty, or other misdemeanor in office, on con-
viction in a court of law. In case of a vacancy in the office of clerk of a
circuit court, the Judges of said court shall have power to fill such vacancy
until the general election for Delegates to the General Assembly, to be held
next thereafter, when a successor shall be elected for the term of six years.

SEC. 26. The said clerks shall appoint, subject to the confirmation of the
Judges of their respective courts, as many deputies under them, as the said
Judges shall deem necessary to perform, together with themselves the duties
of the said office, who shall be removable by the said Judges for i'lcompe-
tency, or neglect of duly, and whose compensation shall be according to
existing, or future provisions of the General Assembly.

Part IV.— Courts of Baltimore City.

SEC. 27. There shall be in the Eighth Judicial Circuit, six courts, to be
styled the Supreme Bench of Baltimore City, the Superior Court of Balti-



STATE OF MARYLAND 34;]

more City, Ihc Court of Common Picas, the IJ.iltimore City Court, the
Circuit Court ol Baltimore City, and tlie Criminal Court of Baltimore.

SEC. 28. The Superior Court of Baltimore City, the Court of Common
rieas, and the Baltimore City Court shall each have concurrent jurisdiction
in all civil common law cases, and concurrently all the jurisdiction which
the Superior Court of Baltimore City and the Court of Common I'leas now
have, except jurisdiction in equity, and except in applications for the benefit
of the insolvent laws of Maryland, and in cases of appeal from judgments of
Justices of the Peace in said city, whether civil or criminal, or arising under
the ordinances of the Mayor and City Council of Baltimore, of all of which
appeal cases the Baltimore City Court shall have exclusive jurisdiction; and
the said Court of Common Pleas shall have exclusive jurisdiction in all
applications for the benefit of the insolvent laws of Maryland, and the super-
vision and control of the trustees thereof.

SEC. 29. The Circuit Court of Baltimore City shall have exclusive juris-
diction in equity within the limits of said city, and all such jurisdiction as
the present Circuit Court of Baltimore City has; provided, the said court
shall not have jurisdiction in applications for the writ of habeas corpus in
cases of persons charged with criminal ofTcnces.

SEC. 30. The Criminal Court of Baliimore shall have and exercise all the
jurisdiction, now held and exercised by the Criminal Court of Baltimore,
except in such appeal cases as are herein assigned to the Baltimore City
Court.

SEC. 31. There shall be elected by the legal and qualified voters of said
city, at the elections, hereinbefore provided for, one Chief Judge and four
Associate Judges, who, together, shall constitute the Supreme Bench of
I'altimore City, and shall hold their offices for the term of fifteen years,
subject to the provisions of this Constitution with regard to the election and
qualifications of Judges, and their removal from office, and shall exercise
the jurisdiction hereinafter specified, and shall each receive an annual
salary of .$3,500, payable quarterly, which shall not be diminished during
their term of office; but authority is hereby given to the Mayor and City
Council of Baltimore to pay to each of the said Judges an annual addition
of .?500 to their respective salaries; provided, that the same, being once
granted, shall not be diminished, nor increased, during the continuance of
said Judges in office.

SEC. 32. It shall be the duty of the said Supreme Bench of Baltimore
City, as soon as the Judges thereof shall be elected and duly qualified, and
from time to time, to provide for the holding of each of the aforesaid
courts, by the assignment of one or more of their number to each of the
said courts, who may sit either, separately, or together, in the trial of cases;
and the said Supreme Bench of Baltimore City may, from time to time,
change the said assignment, as circumstances may require, and the public
interest may demand; and the Judge, or Judges, so assigned to the said
several courts, shall, when holding the same, have all the powers and exer-
cise 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



y44 CONSTITUTION OF TP?E

case of the sickness, absence, or disability of any Judge or Judges, assigned
as aforesaid, 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.

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 the criminal court, 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 mat-
ters of law determined by the said Judge, or Judges, while holding said
criminal court; and the said Supreme Bench of Baltimore City shall make
all needful rules and regulations for the hearing before it of all said mat-
ters; and the same right of appeal to the Court of Appeals shall be allowed
from the determination 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 in the Court of Common Pleas, shall have
exclusive jurisdiction to hear and determine; and the said Judge shall
hear and determine all motions for a new trial when 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 deter-
mined by the said Judge and all such motions shall be heard and de-
termined within thirty days after they are heard.

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 Constitu-
tion, except cases belonoing 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 Balti-



STATE OF MARYLAND 345

more, be proceeded in, and prosecuted to final judgment in said Baltimore
City Court.

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
qualified 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 18G7, 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 misdemeanor in office,
on conviction in a court of law. The salary of each of the said clerks
shall be $3,500 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 per-
quisites or compensation. In case of a vacancy in the office of clerk of any
of said courts, the Judges of said fj^'preme Bench of Baltimore City
shall have power to fill such vacancy until the general election of Dele-
gates 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.

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 of 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.

SEC. 39. The General Assembly shall, whenever it may think the same
p"opcr and expedient, provide, by law, another court for the city of Balti-
more, and prescribe its jurisdiction and powers; in which case there shall
be elected by the voters of said city, qualified under this Constitution,
another Judge of the Supreme Bench of Baltimore City, who shall be
subject to the same constitutional provisions, hold his oflSce for the same
term of years, receive the same compensation, and have the same powers,
as are herein provided for the Judges of said Supreme Bench of Balti-
more City; and all the provisions of this Constitution relating to the
assignment of Judges to the courts, now existing in said city, and for the
dispatch of business therein, shall apply to the court, for whose creation
provision is made by this section. And the General Assembly may reap-
portion, change or enlarge the jurisdiction of the several courts in Baltimore
City. Until otherwise provided by law, the clerk of the Superior Court
of Baltimore City, of the Court of Common Pleas, of the Circuit Court of
Baltimore City, of the Baltimore City Court, and of the Criminal Court
of Baltimore, shall each give bond in such penalty as is now prescribed



346 CONSTITUTION OF THE

by law to be given by the clerks of the courts, bearing the same names,
under the present Constitution.

Part V.— Orphans' Court.

SEC. 40. The qualified voters of the city of Baltimore, and of the
several counties, shall on the Tuesday next after the first Monday in No-
vember next, and on the same day in every fourth year thereafter, elect
three men to be Judges of the orphans' courts of said city and counties,
respectively, who shall be citizens of the State, and residents for the
twelve months preceding, in the city, or county, for which they may be
elected. They shall have all the powers now vested in the orphans' courts
of the State, subject to such changes as the Legislature may prescribe.
Each of said Judges shall be paid a per diem for the time they are actually
in session, to be regulated by law, and to be paid by the said city, or
counties, respectively. In case of a vacancy in the office of Judge of the
Orphans' Court, the Governor shall appoint, subject to confirmation, or
rejection by the Senate, some suitable person to fill the same for the
residue of the term.

SEC. 41. There shall be a Register of Wills in each county of the State,
and the city of Baltimore, to be elected by the legal and qualified voters
of said counties and city, respectively, who shall hold his office for six
years from the time of his election, and until his successor is elected and
qualified; he shall be re-eligible and subject at all times to removal for
wilful neglect of duty, or misdemeanor in office in the same manner that
the clerks of courts are removable. In the event of any vacancy in the
office of the Register of Wills, said vacancy shall be filled by the Judges
ot the Orphans' Court, in which such vacancy occurs, until the next
general election for Delegates to the General Assembly, when a Register
shall be elected to serve for six years thereafter.

Part VI.— Justices of the Peace.

SEC. 42. The Governor, by and with the advice and consent of the
Senate, shall appoint such number of Justices of the Peace, and the
County Commissioners of the several counties, and the Mayor and City
Council of Baltimore, respectively, shall appoint such number of Con-
stables, for the several election districts of the counties, and wards of
the city of Baltimore, as are now, or may hereafter be prescribed by law;
and Justices of the Peace and Constables, so appointed, shall be subject
to removal by the Judge, or Judges, having criminal jurisdiction in the
county, or city, for incompetency, wilful neglect of duty, or misdemeanor
in office, on conviction in a court of law. The Justices of the Peace and
Constables, so appointed, and commissioned, shall be conservators of the
peace, shall hold their office for two years, and shall have jurisdiction,
duties and compensation, subject to such right of appeal, in all cases, from



STATE OF MARYLAND 847

the judgment of Justices of the I'eace, as hath been heretofore exercised,


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Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 20 of 23)