Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-02-26
REPORT ON THE JUDICIARY.

REPORT ON THE JUDICIARY.
Mr.. THOMAS F. BOWIE, Chairman of the Com
mittee on the Judiciary Department, submitted
the following Report to the Reform Convention,
on Tuesday the 11th inst
The Committee on the Judiciary, beg leave to
make the following Report:
Section |. The Judiciary power of this State
shall be vested in Court of Appeals, in County
Courts, in such Courts for the city of Baltimore as
may be hereinafter prescribed, and in Justices of
the Peace.
Sec 2 The Court of Appeals shall consist of a
Chief Justice and two Associate Justices, any two
OF whom shall form quorum. The Governor by
and with the advice of the Senate, shall designate
the Chief Justice.
Sec. 3. The Court of Appeals shall be co-exten-
sive with the limits of the State, but in criminal
cases, and in appeals from interlocutory judgments
and DEGREES, with such exceptions and under such
regulations may be prescribed by law, and the
Court of Appeals and Judges thereof shall have
power to issue writs of .Mandamus and wrts of
Dminution, and such other writs shall be ne
cessary to enforce its jurisdiction, and may
also compel Judge of a County Court other
inferior court to proceed to trial and Judgment in
a cause-and the Court of Appeals shall hold its
sessions at the city of Annapolis on the first Mon
day of June, and the first Monday of December in
each and every year.
Sec. 4. The Court of Appeals shall appoint its
own clerk, who shall hold his office for six years,
and may be re-apponted at the end thereof he
shall be subject to removal by the said court for
mcompetency. neglect of duty, misdemeanor in Of
flee, and such other causes as may be prescribed
by law
Sec. 5. The State shall be divided into three
Judicial Districts, the Eastern and two on
: Western Shore, which said districts shall be laid
off the Gubcrnatoral Districts are, and one
person from among tho.e learned in the law, hav-
ing been admitted to practice the law in this State
and who shall have been citizen Of this State at
least five years, and above the age of thirty years
at the time of his election, and a resident of the
. Judicial District, shall be elected from each Of
said districts by plurality vote Of the legal and
qualified voters therein, Judge of the saiG
Court of Appeals, who shall hold his Office for the
term of ten years from the time of his election, OF
until he shall have attained the age of sevent,
years, which ever may first happen, and be re-eli
gible thereto until he shall have attained the age
of seventy years, and not after, subject to reno
, val for incompetency, wiful neglect of duty, mis-
demeanor in office, and such other causes as ma,
be prescribed by law, by presentment of the Crane
Jury and conviction of a Petit Jury of the count,
in which he may reside, or by the Governor upol
{ the address of the General Assembly, two-third
of the members of each house concurring in sucl
address. The salaries of the Judges of the Cour
of Appeals shall be two thousand five hundred
dollars annually, and shall not be diminished dur
ing their continuance in office.
Sec. 6. The Legislature may hereafter, should
the public convenience require it, increase the
number of Judges of the Court of Appeals to five
in which event, new division of the State into
, five Judicial Districts shall be made in such man
ner to secure two to the Eastern and three to
the Western Shore.
Sec. I. No Judge of the Court of Appeals shall
sit in any case wherein he may be interested, OF
where either of the parties may be connected with
him by affinity or consanguinty within such de-
grees as may be prescribed by law, or where he
shall have been of counsel in the cause. When
the Court Appeals, any two of its members shall
be thus disqualified to hear and determine any
cause causes in said court, or whenno judgment
can be rendered in any case or cases in said court,
by reason of the equal division of opinion of said
Judges, the shall be certified to the Governor
of the State, who shall Immediately commission
the requisite number of persons learned in the
law for the trial and determination of said or
cases.
Sec. 8. All Judges of the Court of Appeals, of
the County Courts, and of the Courts of the city of
Baltimore, shall by virtue of their offices, be
servators the peace throughout the State. The
style of all laws shall run thus: ''Be it enacted by
the General Assembly of Maryland" all public
commissions thus: s'The State of Maryland, SC. -
and shall be signed by the Governor, with the seal
of the State annexed all wrts and process shall
run in the same style, and be sealed and signed as
usual and all indictments shall conclude, sagainst
the peace, government and dignity of the State. y
Sed. 8. There shall be county Court in each
county of the State, to consist of one Judge, who
shall be elected by plurality vote Of the qualified
and legal voters of said county, from among those
learned in the law, having been admitted to prac-
ce the law in this State, and who shall have beer
citizen of this State at least five years and above
the age of thirty years at the time of his election
and resident of said county. The said Judge
shall hold his office for the term of ten years from
the time of his election until he shall have at
tanned the age of seventy years, whichever ma,
: first happen, and be re-eligible thereto until h
shall have attained the age of seventy years, ant
: after, subject to be removed for mcompetency
! wful neglect of duty, msdemeanor in office, ant
e such other causes as may be prescribed by law
by presentment of Grand Jury and conviction o
a Petit Jury of said county, or by the Governor
upon the address of the General Assembly, two
= thirds of the members Of each House concurring il
such address. His salary shall be two Thousand
; dollars annually, which shall not be diminished
, during his continuance in office. lie shall reside
in or near the county town, and shall hold tW'
: common law terms in each and every year, at sucl
times and places may be prescribed by law, ant
attend at the court house of said county as Otter
as the Legislature may prescribe by law for the
transaction and despatch of judicial business.
Sec TO- The said County Courts or the Judges
thereof respectively, shall be Courts of Law anc
Equity, and have original jurisdiction in all civ
and criminal cases arising in their respective Inn
its and in all respects have the same powers and
jurisdiction that the present county courts OF TINS
State now have or which shall hereafter be pre-
e scribed by law. They shall also have exclusive
a jurisdiction in all matters relating to last wills
, and testaments executors and administrators and
! guardians within their respective limits, and all
and every other power which the Orphans Courts
of this State now have, which may be hereafter
prescribed by law They shall also have and eX-
ercse appellate jurisdiction from the judgments of
Justices of the peace, subject to such rules and
Regulations as may be prescribed by law.
Sec H. There shall be established for the
city of Baltimore, one court with common law jul
, risdiction, to be styled the Court of Common
Pleas which shall have civil jurisdiction in all
s1its where the debt or DAMAGE claimed shall moi