1852, c. 16, 31, 75, 111, 136, 219, 336, 238 406. 314; 1853, c. 181, county. Jurisdiction. Chief judge and two associates. 31 Md. 1. Residence. Case of tie. 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 prescribed 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 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, residing in the same county, shall have an equal number of votes, greater than any other candidate for associate judge in the circuit, it shall be the duty of the governor to order a new election for one associate judge; but the person residing in any other county 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 respective circuits, at such times as are now or may hereafter be prescribed, 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 One judge may said intermediate terms. One judge, in each of the above circuits, shall constitute a quorum for the transaction of any business; and the said judges, or any of them, may hold special terms of their courts, whenever, in their discretion, the business of the several counties renders such terms necessary. Two terms a year. Intermediate terms. sit. Special terms. Points reserved to be heard in banc. 47 Md. 170. 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 conRules therefor. stitute a court in bane 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 questions to the court in banc; and the decision of the said court in banc shall be the effective decision in the premises, and conclusive, as against the party, at whose motion said points or questions were reserved; but such decision in bane 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, except when the punishment is confinement in the penitentiary; and this section shall be subject to such provisions as may hereafter be made by law. Right of appeal, not precluded. Not to apply to appeals from justices of the peace and certain criminal cases. Opinions in two months. Salaries not to 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 before 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 be diminished. Appeals from the city of Baltimore, shall be three thousand five hundred dol lars, and of each associate judge of the Circuit Court, shall be two thousand eight hundred dollars per annum, payable quarterly, and shall not be diminished during his continuance in office. 444; 1858, c. 363. elected. SEC. 25. There shall be a clerk of the Circuit Court for each county, who 1852, c. 173, 308; shall be elected by a plurality of the qualified voters of said county, and shall 1853, 134, 4093 hold his office for six years from the time of his election, and until his successor Clerks to be is elected and qualified, and be re-eligible, subject to be removed for wilful Removal. neglect of duty, or other misdemeanor in office, on conviction in a court of 9 Md. 242; 11 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. Md. 296. Vacancy. 11 Md. 101. 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 Deputies. judges shall deem necessary to perform, together with themselves, the duties of the said office, who shall be removable by the said judges for incompetency or neglect of duty, 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 Six courts. the Supreme Bench of Baltimore City, the Superior Court of Baltimore City, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore City, and the Criminal Court of Baltimore. 1852, c. 159, 198, 1853, c. 6, 234, 451; 1858, c. 323. 5 Md. 337; 7 Md. 135; 13 SEC. 28. The Superior Court of Baltimore City, the Court of Common Pleas, Jurisdiction. and the Baltimore City Court, shall, each, have concurrent jurisdiction in all 227, 251,312, 323; civil common law cases, and, concurrently, all the jurisdiction which the Superior Court of Baltimore City and the Court of Common Pleas 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 supervision and control of the trustees thereof. SEC. 29. The Circuit Court of Baltimore City shall have exclusive jurisdiction 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 offences. Md. 314; 14 Md. 173; 28 Md. 157, 465, 595; 30 Ma. 130; 34 Md. 558; 39 Md. 309; 46 362, 365; 29 Md. Md. 123, 289. Jurisdiction of Circuit Court. 5 Md. 337; 18 Md. 505; 31 Md. 239; 36 Md.604; 38 Md. 203. Jurisdiction of Criminal Court. 1853, c. 33. 1852, c. 344; 28 Md. 356. Supreme Bench of Baltimore SEC. 30. The Criminal Court of Baltimore 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 election herein before provided for, one chief judge and four associate City. judges, who, together, shall constitute the Supreme Bench of Baltimore City, and shall hold their offices for the term of fifteen years, subject to the provisions Term, fifteen of this Constitution with regard to the election and qualifications of judges, years. and their removal from office, and shall exercise the jurisdiction hereinafter specified, and shall each receive an annual salary of three thousand five hun- Salary. dred dollars, 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 five hundred dollars to their respective salaries; provided, that the same, being once granted, Assignment of judges. from time to time. 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 May be changed 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 exercise 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 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. Jurisdiction. Sickness, absence, etc. 1870, c. 177. Md. 239, 329; 33 Rules to be 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 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 of said Right of appeal. matters; and the same right of appeal to the Court of Appeals shall be allowed No appeal on decisions on appeal from justices of the prace. Test of writs. Quorum, three judges. Cases pending 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.* SEC. 34. No appeal shall lie to the Supreme Bench of Baltimore City, from the decision of the judge, or 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 or 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 to be proceeded Superior Court of Baltimore City, the Court of Common Pleas, the Criminal with * The act of 1870, ch. 177, entitled An act to change the jurisdiction of the Supreme Bench of Baltimore City, and re-apportion and enlarge the jurisdiction of the Baltimore City Court, the Superior Court of Baltimore City, and the Court of Common Pleas, as provided by section 39, of Article 4, of the Constitution, enacts, inter alia: that 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 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. 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. SEC. 37. There shall be a clerk of each of the said courts of Baltimore city, Clerks to be except the Supreme Bench, who shall be elected by the legal and qualified elected by the people. 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 sixtyseven, and shall hold his office for six years from the time of his election, and Term, six years. 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 thirty- Salaries, $3500. five hundred dollars a year, payable only out of the fees and receipts collected allowed. by the clerks of said city, and they shall be entitled to no other perquisites, or Perquisites not 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 Vacancy. 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. mon Pleas and Superior Court. SEC. 38. The clerk of the Court of Common Pleas shall have authority to Authority of issue within said city, all marriage and other licenses required by law, subject clerks of Comto 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 connected 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. Another court SEC. 39. The General Assembly shall, whenever it may think the same proper 1853. c. 122, 391; and expedient, provide, by law, another court for the city of Baltimore, and 1867, c. 401. prescribe its jurisdiction and powers; in which case there shall be elected by in Baltimore the voters of said city, qualified under this Constitution, another judge of the city. 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 herein provided for the judges of said Supreme Bench of Baltimore City; and all of 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 reapportion, change, or enlarge the jurisdiction of the several courts in Re-apportionBaltimore city. Until otherwise provided by law, the clerk of the Superior ment of jurisCourt of Baltimore City, of the Court of Common Pleas, of the Circuit Court more courts. 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, by law, Clerks' bonds. to be given by the clerks of the courts, bearing the same names, under the present Constitution. diction of Balti PART V.-ORPHANS' COURTS. SECTIONS 40 and 41 are under Article L, of this code, Settlement of Decedents' Estates. 1852, c. 176, 239, 201; 1854, c. 225, 286, 302. Governor to ap 5 Md. 337; 14 Md. 215; 24 Md. 202; 28 Md. 244; County commis 39 Md. 311. PART VI.-JUSTICES OF THE PEACE. SEC. 42. The governor, by and with the advice and consent of the Senate, 274; 1853, c. 102, 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, point justices. respectively, shall appoint such number of constables, 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 such jurisdiction, Term,two years. duties and compensation, subject to such right of appeal, in all cases, from the judgment of justices of the peace, as hath been heretofore exercised, or shall be hereafter prescribed by law. sioners and mayor to appoint con stables. Removal. Jurisdiction. 1860, c. 7. Vacancies. 14 Md. 215; 15 Md. 376. SEC. 43. In the event of a vacancy in the office of a justice of the peace, the governor shall appoint a person to serve, as justice of the peace, for the residue of the term; and in case of a vacancy in the office of constable, the county commissioners of the county in which the vacancy occurs, or the mayor and city council of Baltimore, as the case may be, shall appoint a person to serve as constable for the residue of the term. Election. 2 G. 487. Qualification. PART VII.-SHERIFFS. SEC. 44. There shall be elected in each county, and in the city of Baltimore, in every second year, one person, resident in said county or city, above the age of twenty-five years, and at least five years preceding his election a citizen of Term, two years. this State, to the office of sheriff. He shall hold his office for two years, and until his successor is duly elected and qualified; shall be ineligible for two years thereafter, shall give such bond, exercise such powers, and perform such duties as now are, or may hereafter be fixed by law. In case of a vacancy by death, resignation, refusal to serve, or neglect to qualify, or give bond, or by disqualification, or removal from the county, or city, the governor shall appoint a person to be sheriff for the remainder of the official term. Bond. SECTION 45 is under Article XIX, of this Code, Coroners, Notaries Public, etc. |