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this State, all the power, authority and jurisdiction which the county 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, authority and jurisdiction of the present court of chancery of Maryland; provided, nevertheless, that Baltimore county court may hold its sittings within the limits of the city of Baltimore, until provision shall be made by law for 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.

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diction 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 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 qualification of judges and their removal from office, and the salary of each of the said judges shall 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 consist of one judge to be elected by the qualified 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.

SEC. 9. The judges of the several judicial circuits shall be citizens of the United States, 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 SEC. 13. There shall also be a criminal for integrity, wisdom and sound legal knowl- court for the city of Baltimore, to be styled edge, and shall be elected by the qualified vo- the criminal court of Baltimore, which shall ters of the said circuits, and shall hold their consist of one judge, who shall also be elected offices for the term of ten years, removable for by the legal and qualified voters of the said misbehavior, on conviction in a court of law city, and who shall have and exercise all the or by the Governor, upon the address of the jurisdiction now exercised by Baltimore city general assembly, provided that two-thirds of court, and the said judge shall receive a salathe members of each house shall concur in ry of two thousand dollars a year, and shall such address, and the said judges shall each be subject to the provisions of this constitureceive a salary of two thousand dollars a tion with regard to the election and qualificayear, and the same shall not be increased ortions of judges, term of office, and removal diminished during the time of their continu- therefrom. ance 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.

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 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.

SEC 14. There shall be in each county a clerk of the circuit court, who shall be elected by the qualified voters of each county, and the person receiving the greatest number of votes shall be declared and returned duly elected clerk of said circuit court for the said county, and shall hold his office for the term of six years from the time of his election, and until a new election is held; shall be re-eligible thereto, and subject to removal for wilful neglect of duty, or other misdemeanor in office, on conviction in a court of law. There shall also be a clerk of the court of common pleas in Baltimore city, and a clerk of the superior court of Baltimore city, and there shall also be a clerk of the criminal court of Baltimore city, and each of said clerks shall be SEC. 11. There shall also be established, elected as aforesaid by the qualified voters of for the city of Baltimore, another court of the city of Baltimore, and shall hold his office law, to be styled the superior court of Balti- for six years from the time of his election, more city, which shall have jurisdiction over and until a new election is held, and be reall suits where the debt or damage claimed eligible thereto, subject, in like manner, to shall exceed the sum of five hundred dollars, be removed for wilful neglect of duty or other and in case any plaintiff or plaintiffs shall re- misdemeanor in office, on conviction in a cover less than the sum or value of five hun-court of law. In case of a vacancy in the dred dollars, he or they shall be allowed or office of a clerk, the judge or judges of the adjudged to pay costs in the discretion of the court, of which he was clerk, shall have the court. The said court shall also have juris-power to appoint a clerk until the general

election of delegates held next thereafter, when a clerk shall be elected to fill such vacancy.

SEC. 15. The clerk of the court of common pleas for Baltimore city, shall have authority to issue within the said city, all marriage and other licenses required by law, subject to such provisions as the legislature shall hereafter prescribe; and the clerk of the superior court for said city, shall have the custody of all deeds, conveyances, and other papers now remaining in the office of the clerk of Baltimore county court, and shall hereafter receive and record all deeds, conveyances, and other papers which are required by law to be recorded in said city. He shall also have the custody of all other 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 Baltimore city.

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in each county of the State, and in 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 a new election shall take place, and be re-eligible thereto, subject to be removed for wilful neglect of duty, or misdemeanor in office, in the same manner that the clerks. of the county courts are removable. In the event of any vacancy in the office of register of wills, said vacancy shall be filled by the judges of the orphans' court until the general election next thereafter for delegates to the general assembly, when a register shall be elected to fill such vacancy.

SEC. 19. The legislature at its first session after the adoption of this Constitution, shall fix the number of justices of the peace and constables for each ward of the city of Baltimore, and for each election district in the sev

SEC. 16. That the clerk of the court of ap-eral counties, who shall be elected by the peals, and the clerks of the circuit courts in the several counties, shall respectively perform all the duties and be entitled to the fees which appertain to the offices of the clerks of court of appeals for the eastern and western shores and of the clerks of county courts, and the clerks of the court of common pleas, the superior court, and the criminal court for Baltimore city, shall perform all the duties appertaining to their respective offices, and heretofore vested in the clerks of Baltimore county court and Baltimore city court respectively, and be entitled to all the fees now allowed by law; and all laws relating to the clerks of court of appeal, clerks of the several county courts and Baltimore city court, shall be applicable to the clerks respectively of the clerk of court of appeals, the circuit courts, the court of common pleas, the superior court, and the criminal court of Baltimore city, until otherwise provided by law; and the said clerks, when duly elected and qualified according to law, shall have the charge and custody of the records and other papers belonging to their respective offices.

SEC. 17. The qualified voters of the city of Baltimore, and of the several counties of the State, shall, on the first Wednesday of November, eighteen hundred and fifty-one, and on the same day of the same month in every fourth year forever thereafter, elect three men to be judges of the orphans' court of said city and counties respectively, who shall be citizens of the State of Maryland, and citizens of the city or county for which they may be severally elected at the time of their election. They shall have all the powers now vested in the orphans' courts of this State, subject to such changes therein as the legislature may prescribe, and each of said judges shall be paid at a per diem rate, for the time they are in session, to be fixed by the legislature, and paid by the said counties and city respectively. SEC. 18. There shall be a register of wills

legal and qualified voters thereof respectively, at the next general election for delegates thereafter, and shall hold their offices for two years from the time of their election, and until their successors in office are elected and qualified; and the legislature may, from time to time, increase or diminish the number of justices of the peace and constables to be elected in the several wards and election districts, as the wants and interests of the people may require. They shall be, by virtue of their offices, conservators of the peace in the said counties and city respectively, and shall have such duties and compensation as now exist, or may be provided for by law. 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, until the next regular election of said officers, and in case of a vacancy in the office of constable, the county commissioners of the county, in which a vacancy may occur, or the mayor and city council of Baltimore, as the case may be, shall appoint a person to serve as constable until the next regular election thereafter for said officers. An appeal shall lie in all civil cases from the judgment of a justice of the peace to the circuit court, or to the court of common pleas of Baltimore city, as the case may be, and on all such appeals, either party shall be entitled to a trial by jury, according to the laws now existing, or which may be hereafter enacted. And the mayor and city council may provide, by ordinance, from time to time, for the creation and government of such temporary additional police, as they may deem necessary to preserve the public peace.

SEC. 20. There shall be elected in each county and in the city of Baltimore, every second year two persons for the office of sheriff for each county, and two for the said city, the one of whom having the highest number of votes of the qualified voters of said county or city, or if both have an equal number,

ceedings in said court then undisposed of and unfinished, in such manner, and under such regulations as may be deemed necessary and proper: provided, that no new business shall originate in the said court, nor shall any cause be removed to the same from any other court, from and after the ratification of this Constitution.

either of them, at the discretion of the Gov-| for transmitting to the said counties, and to ernor, to be commissioned by the Governor the city of Baltimore, all the cases and profor the said office, and, having served for two years, such person shall be ineligible for the two years next succeeding; bond with security to be taken every year, and no sheriff shall be qualified to act before the same be given In case of death, refusal, disqualification or removal out of the county, before the expiration of the said two years, the other person chosen as aforesaid, shall be commissioned by the Governor to execute the said office for the residue of the said two years, the said person giving bond with security as aforesaid. No person shall be eligible to the office of sheriff but a resident of such county or city respectively, who shall have been a citizen of this State at least five years preceding his election, and above the age of twenty-one years. The two candidates, properly qualified, having the highest number of legal ballots, shall be declared duly elected for the office of sheriff for such county or city, and returned to the Governor, with a certificate of the number of ballots for each of them.

SEC. 21. Coroners, elisors and notaries public shall be appointed for each county and the city of Baltimore, in the manner now prescribed by law, or in such other manner as the general assembly may hereafter direct. SEC. 22. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, with such degrees as may be prescribed by law, or where he shall have been of counsel in the case; and whenever any of the judges of the circuit courts, or of the courts for Baltimore city, shall be thus disqualified, or whenever, by reason of sickness, or any other cause, the said judges, or any of them, may be unable to sit in any cause, the parties may, by consent, appoint a proper person to try the said cause, or the judges, or any of them, shall do so when directed by law.

SEC. 24. The first election of judges, clerks, registers of wills, and all other officers, whose election by the people is provided for in this article of the Constitution, except justices of the peace and constables, shall take place throughout the State on the first Wednesday of November next after the ratification of this Constitution by the people.

SEC. 25. In case of the death, resignation, removal, or other disqualification of a judge of any of the courts of law, the Governor, by and with the advice and consent of the senate, shall thereupon appoint a person, duly qualified, to fill said office until the next general election for delegates thereafter; at which time an election shall be held as hereinbefore prescribed, for a judge, who shall hold the said office for ten years, according to the provisions of this Constitution.

SEC. 26. In case of the death, resignation, removal, or other disqualification of the judge of an orphans' court, the vacancy shall be filled by the appointment of the Governor, by and with the advice and consent of the senate.

SEC. 27. Whenever lands lie partly in one county, and partly in another, or partly in a county and partly in the city of Baltimore, or whenever persons proper to be made defendants to proceedings in chancery, reside some in one county and some in another, that court shall have jurisdiction in which proceedings shall have been first commenced, subject to such rules, regulations and alterations as may be prescribed by law.

SEC. 28. In all suits or actions at law, issues from the orphans' court or from any SEC. 23. The present chancellor and the court sitting in equity, in petitions for freeregister in chancery, and, in the event of any dom, and in all presentments and indictments vacancy in their respective offices, their suc- now pending, or which may be pending at cessors in office respectively, who are to be the time of the adoption of this Constitution appointed as at present, by the Governor and by the people, or which may be hereafter senate, shall continue in office, with the pow-instituted in any of the courts of law of this ers and compensation as at present established, until the expiration of two years after the adoption of this Constitution by the people, and until the end of the session of the legislature next thereafter, after which the said offices of chancellor and register shall be abolished. The legislature shall, in the mean time, provide by law for the recording, safekeeping, or other disposition, of the records, decrees, and other proceedings of the court of chancery, and for the copying and attestation thereof, and for the custody and use of the great seal of the State, when required, after the expiration of the said two years, and

State, having jurisdiction thereof, the judge or judges thereof, upon suggestion in writing, if made by the State's attorney, or the prosecutor for the State, or upon suggestion in writing, supported by affidavit, made by any of the parties thereto, or other proper evidence, that a fair and impartial trial cannot be had in the court where such suit or action at law, issues or petitions, or presentment and indictment is depending, shall order and direct the record of proceedings in such suit or action, issues or petitions, presentment or indictment, to be transmitted to the court of any adjoining county; provided, that the re

moval in all civil causes be confined to an adjoining county within the judicial circuit, except as to the city of Baltimore, where the removal may be to an adjoining county, for trial, which court shall hear and determine the same in like manner as if such suit or action, issues or petitions, presentment or indictment, had been originally instituted therein; and provided also, that such suggestion shall be made as aforesaid, before or during the term in which the issue or issues may be joined in said suit or action, issues or petition, presentment or indictment, and that such further remedy in the premises n ay be provided by law, as the legislature shall from

time to time direct and enact.

SEC. 29. All elections of judges, and other officers provided for by this Constitution, shall be certified, and the returns made by the clerks of the respective counties to the Governor, who shall issue commissions to the different persons for the offices to which they shall have been respectively elected; and in all such elections, the person having the greatest number of votes, shall be declared to be elected.

SEC. 30. Ifin any case of election for judges, clerks of the courts of 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 election; and in case of any contested election, the Governor shall send the returns to the house of delegates, who shall judge of the election and qualification of the candidates at such elec tion.

SEC. 31. Every person of good moral character, being a voter, shall be admitted to practice law in all the courts of law in this State, in his own case.

ARTICLE V.

THE STATE'S ATTORNEYS.

SECTION 1. There shall be an attorney for the State in each county and the city of Baltimore, to be styled "the State's attorney, who shall be elected by the voters thereof, respectively, on the first Wednesday of November next, and on the same day of every fourth year thereafter, and hold his office for four years from the first Monday of January next ensuing his election, and until his successor shall be elected and qualified, and shall be reeligible thereto, and be subject to removal therefrom for incompetency, wilful neglect of duty or misdemeanor in office, on conviction in a court of law.

SEC. 2. All elections for the State's attorney shall be certified to, and returns made thereof, by the clerks of the said counties and city to the judges thereof having criminal jurisdiction, respectively, whose duty it shall be to decide upon the elections and qualifications of the persons returned, and in case of a tie between two or more persons, to designate which of said persons shall qualify as State's

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attorney, and to administer the oaths of office to the persons elected.

SEC. 3. The State's attorney shall perform such duties and receive such fees and commissions as are now prescribed by law for the attorney general and his deputies, and such other duties, fees and commissions as may hereafter be prescribed by law, and if any State's attorney shall receive any other fee or reward than such as is, or may be allowed by law, he shall, on conviction thereof, be removed from office.

SEC. 4. No person shall be eligible to the office of State's attorney who has not been admitted to practice the law in this State, and who has not resided for at least one year in the county or city in which he may be elected.

SEC. 5. In case of vacancy in the office of State's attorney, or of his removal from the county or city in which he shall have been elected, or on his conviction as hereinbefore specified, the said vacancy shall be filled by the judge of the county or city, respectively, having criminal jurisdiction in which said vacancy shall occur, until the election and qualification of his successor; at which election said vacancy shall be filled by the voters of the said county or city, for the residue of the term thus made vacant.

SEC. 6. It shall be the duty of the clerk of the court of appeals, and the commissioner of the land office, respectively, whenever a case shall be brought into said court or office, in which the State is a party, or has an interest, immediately to notify the Governor thereof.

ARTICLE VI.

TREASURY DEPARTMENT.

SECTION 1. There shall be a treasury department, consisting of a comptroller, chosen by the qualified electors of the State, at each election of members of the house of delegates, who shall receive an annual salary of two thousand five hundred dollars; and of a treasurer, to be appointed by the two houses of the legislature, at each session thereof, on joint ballot, who shall also receive an annual salary of two thousand five hundred dollars; and neither of the said officers shall be allowed or receive any fees, commissions, or perquisites of any kind, in addition to his salary, for the performance of any duty or service whatever. In case of a vacancy in either of the offices, by death or otherwise, the Governor, by and with the advice and consent of the senate, shall fill such vacancy by appointment, to continue until another election by the people, or a choice by the legislature, as the case may be, and the qualification of the successor. The comptroller and the treasurer shall keep their offices at the seat of government, and shall take such oath, and enter into such bonds, for the faithful discharge of their duties, as the legislature shall prescribe.

adoption of this Constitution, four commissioners shall be elected as hereinafter provided, who shall be styled "commissioners of public works," and who shall exercise a diligent and faithful supervision of all public works, in which the State may be interested as

SEC. 2. The comptroller shall have the general superintendence of the fiscal affairs of the State; he shall digest and prepare plans for the improvement and management of the revenue, and for the support o the public credit; prepare and report estimates of the revenue and expenditure of the State; super-stockholder or creditor, and shall represent the intend and enforce the coll: ction of all taxes and revenue; adjust, settle and preserve all public accounts; decide on the forms of keeping and stating accounts; grant, under regulations prescribed by law, all warrants for moneys to be paid out of the treasury, in pursuance of appropriations by law; prescribe the formalties of the transfer of stock or other evidences of the State debt; and countersign the same, without which such evidences shall not be valid; he shall make full reports of all his proceedings, and of the state of the treas-ests of the State; and so to adjust them as to ury department within ten days after the commencement of each session of the legislature, and perform such other duties as shall be prescribed by law.

State in all meetings of the stockholders, and shall appoint the directors in every railroad or canal company, in which the State has the constitutional power to appoint directors. It shall also be the duty of the commissioners of public works to review, from time to time, the rate of tolls adopted by any company; use all legal powers which they may possess to obtain the establishment of rates of tolls, which may prevent an injurious competition with each other, to the detriment of the inter

law, which shall not be increased or diminished during their continuance in office.

promote the agriculture of the State. It shall also be the duty of the said commissioners of public works to keep a journal of their proceedings; and at each regular session of SEC. 3. The treasurer shall receive and the legislature to make to it a report, and to keep the moneys of the State, and disburse recommend such legislation as they shall the same upon warrants drawn by the comp- deem necessary and requisite to promote or troller, and not otherwise; he shall take re- protect the interest of the State in the public ceipts for all moneys paid by him, and all re- works; and perform such other duties as ceipts for moneys received by him shall be may be prescribed by law. They shall each indorsed upon warrants signed by the comp-receive such salary as may be allowed by troller, without which warrant, so signed, no acknowledgment of money received into the treasury shall be valid; and upon warrants issued by the comptroller he shall make arrangements for the payment of the interest of the public debt, and for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other evidence of the debt of the State, shall be signed by the treasurer and countersigned by the comptroller, and no new certificate or other evidence intended to replace another shall be issued until the old one shall be delivered to the treasurer, and authority executed in due form for the transfer of the same shall be filed in his office, and the transfer accordingly made on the books thereof, and the certificate or other evidence cancelled; but the legislature may make provision for the loss of certificates or other evidence of the debt.

SEC. 4. The treasurer shall render his accounts quarterly to the comptroller; and on the third day of each session of the legislature he shall submit to the senate and house of delegates fair and accurate copies of all accounts by him from time to time rendered and settled with the comptroller. He shall at all times submit to the comptroller, the inspection of the moneys in his hands, and perform all other duties that shall be prescribed by law.

ARTICLE VII.
SUNDRY OFFICERS.

SECTION 1. At the first general election of delegates to the general assembly, after the

SEC. 2. For the election of the commissioners of public works, the State shall be divided into four districts. The counties of Allegany, Washington, Frederick, Carroll, Baltimore and Harford, shall constitute the first district. The counties of Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and Prince George's, shall constitute the second district. Baltimore city shall constitute the third district. The counties of Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and Worcester, shall constitute the fourth district. One commissioner shall be elected in each district, who shall have been a resident thereof at least five years next preceding his election.

SEC. 3. The said commissioners shall be elected by the qualified voters of their districs respectively; the returns of their election shall be certified to the Governor, who shall, by proclamation, declare the result of the election. Two of the said commissioners, first elected, shall hold their office for four years, and the other two for two years from the first Monday of December next succeeding their election. And at the first meeting after their election, or as soon thereafter as practicable, they shall determine, by lot, who of their number shall hold their offices for four and two years respectively; and thereafter there shall be elected as aforesaid, at each general election of delegates two commissioners for the term of four years, to be taken from the districts respectively wherein the

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