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election, and a resident of the judicial district, 1852, ch. 82. shall be elected from each of said districts by the legal and qualified voters therein, as a Judge of the said Court of Appeals, who shall

hold his office for the term of ten years from Term of Office. the time of his election, or until he shall have attained the age of seventy years, which ever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after, subject to removal for incompetency, wilful neglect of duty or misbehaviour in office, on conviction in a court of law, or by the Governor upon the address of the General Assembly, two-thirds of the members of each House concurring in such address; and the salary of each of the Judges of the Salary. Court of Appeals shall be two thousand five hundred dollars annually, and shall not be increased or diminished during their continuance 1 Md. 368. in office; and no fees or perquisites of any kind shall be allowed by law to any of the said Judges.

of Appeals dis

tain cases.

SEC. 5. No judge of the Court of Appeals Judges of Court shall sit in any case wherein he may be inter- qualified in cerested, or where either of the parties may be connected with him by affinity or consanguinity 1852, ch. 263. within such degrees as may be prescribed by law, or when he shall have been of counsel in said case; when the Court of Appeals, or any of its members shall be thus disqualified to hear and determine any case or cases in said court, so that by reason thereof no judgment can be rendered in said court, the same shall be certified to the Governor of the State, who Governor to apshall immediately commission the requisite

point others to try such cases.

Judges to be conservators of the Peace.

Style of Commissions, Writs, Indictments, &c.

State divided into eight Judicial Circuits.

number of persons learned in the law for the trial and determination of said case or cases. SEC. 6. All Judges of the Court of Appeals, of the Circuit Courts, and of the Courts for the city of Baltimore, shall, by virtue of their offices, be conservators of the peace throughout the State.

SEC. 7. All public commissions and grants shall run thus: "The State of Maryland," &c., and shall be signed by the Governor, with the Seal of the State annexed; all writs and process shall run in the same style, and be tested, sealed and signed as usual; and all indictments shall conclude "against the peace, government and dignity of the State.'

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SEC. 8. The State shall be divided into eight Judicial Circuits, in manner and form following, to wit: St. Mary's, Charles and Prince George's counties shall be the first; Anne Arundel, Howard, Calvert and Montgomery counties shall be the second; Frederick and Carroll counties shall be the third; Washington and Allegany counties shall be the fourth ; Baltimore city shall be the fifth; Baltimore, Harford and Cecil counties shall be the sixth ; Kent, Queen Anne's, Talbot and Caroline counties shall be the seventh; and Dorchester, Somerset and Worcester counties shall be the One Judge to be eighth; and there shall be elected as hereinafter directed for each of the said judicial circuits, except the fifth, one person from among those learned in the law, having been admitted to practice in this State, and who shall have been a citizen of this State at least five years, and above the age of thirty years at the time

elected for each Circuit.

His Qualifications.

Terms of the

1852, ch. 34. do. 46.

do.

50.

do.

51.

do. 74.

do.

95.

do.

154.

do.

214.

do.

215.

1853, ch. 198. do. 242.

do. 243.

135.

1852, ch. 16.

do. 31. .do. 75. do. 111.

of his election, and a resident of the judicial circuit, to be Judge thereof; the said Judges shall be styled Circuit Judges, and shall respectively hold a term of their courts at least Courts. twice in each year, or oftener if required by law, in each county composing their respective circuits; and the said courts shall be called Circuit Courts for the county in which they may be held, and shall have and exercise in the several counties of this State, all the pow- 1854, ch. 19. er, authority and jurisdiction which the county Jurisdiction. courts of this State now have and exercise, or which may hereafter be prescribed by law, and the said Judges in their respective circuits, shall have and exercise all the power, autho- 1853, ch. 181. rity and jurisdiction of the present Court of Chancery of Maryland; Provided, nevertheless, that Baltimore County Court may hold its Baltimore Counsittings within the limits of the city of Balti-Court. more, until provision shall be made by law for 1852. ch. 17. the location of a county seat within the limits of the said county proper, and the erection of a court house and all other appropriate buildings, for the convenient administration of justice in said court.

do.

136.

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SEC. 9. The judges of the several judicial Qualifications of circuits shall be citizens of the United States, Courts. and shall have resided five years in this State, and two years in the judicial circuit for which they may be respectively elected, next before the time of their election, and shall reside therein while they continue to act as judges; they shall be taken from among those who having the other qualifications herein prescribed, are most distinguished for integrity, wis

1 Md., 368.

dom and sound legal knowledge, and shall be elected by the qualified voters of the said cirTerm of Office. cuits, and shall hold their offices for the term. of ten years, removable for misbehaviour, on conviction in a court of law or by the Governor, upon the address of the General Assembly, provided that two-thirds of the members of each House shall concur in such address, and the said judges shall each receive a salary of two thousand dollars a year, and the same shall not be increased or diminished during the time of their continuance in office; and no judge of any court in this State, shall receive any perquisite, fee, commission or reward, in addition thereto, for the performance of any judicial duty.

Salary.

Court of Common Pleas.

1852, ch. 159. do. 251. 1853, ch. 238.

SEC. 10. There shall be established for the city of Baltimore one court of law, to be styled "the Court of Common Pleas," which shall Its Jurisdiction. have civil jurisdiction in all suits where the debt or damage claimed shall be over one hundred dollars, and shall not exceed five hundred dollars; and shall, also, have jurisdiction in all cases of appeal from the judgment of justices of the peace in the said city, and shall have jurisdiction in all applications for the benefit of the insolvent laws of this State, and the supervision and control of the trustees thereof.

5 Md. 337.

Superior Court.

SEC. 11. There shall also be established, for the city of Baltimore, another court of law, to be styled "the Superior Court of Baltimore Its Jurisdiction. City," which shall have jurisdiction over all suits where the debt or damage claimed shall exceed the sum of five hundred dollars, and in case any plaintiff or plaintiffs shall recover less

1852, ch. 198.

do.

227.

do.

312.

do.

323. 1853, ch. 451.

Baltimore Courts

for civil cases.

Term of Office of

than the sum or value of five hundred dollars, he or they shall be allowed or adjudged to pay costs in the discretion of the court. The said court shall also have jurisdiction as a Court of Equity within the limits of the said city, and in all other civil cases which have not been heretofore assigned to the Court of Common Pleas. SEC. 12. Each of the said two courts shall constitution of consist of one judge, who shall be elected by the legal and qualified voters of the said city, and shall hold his office for the term of ten years, subject to the provisions of this Constitution, with regard to the election and qualifi- Qualification and cation of judges and their removal from office, the Judges. and the salary of each of the said judges shall Their Salary. be twenty-five hundred dollars a year; and the Legislature shall, whenever it may think the same proper and expedient, provide, by law, another court for the city of Baltimore, to con- Another Court. sist of one judge to be elected by the qualified 1853, ch. 122. voters of the said city, who shall be subject to the same constitutional provisions, hold his office for the same term of years, and receive the same compensation as the judge of the Court of Common Pleas of the said city, and the said court shall have such jurisdiction and powers as may be prescribed by law.

do. 391.

Baltimore.

SEC. 13. There shall also be a Criminal Court Criminal Court of for the city of Baltimore, to be styled "the Criminal Court of Baltimore," which shall consist 1853, ch. 33. of one judge, who shall also be elected by the legal and qualified voters of the said city, and who shall have and exercise all the jurisdiction Its Jurisdiction. now exercised by Baltimore City Court, and the said judge shall receive a salary of two

1852, ch. 344.

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