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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 136   View pdf image (33K)
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136
different counties in said District, the one to be styled the
Circuit Judge, the other the Judge of Equity, Probate and
Administration, the latter of whom shall also be the sole
Judge in all contested matters of Probate and Administration
and other business now usually transacted by the Orphans'
Court of this State, when ever desired by any of the parties
litigant, or parties interested in any issue or issues then pend-
ing before said Court. In cases of any temporary disqualifi-
cation by sickness or otherwise, each of said Judges shall per-
form the duties of the other so disqualified.
5th. That with the said Presiding Judge of Equity, Pro-
bate and Administration, there shall be associated two men
of sound judgment and integrity, not less than thirty years
of age nor over seventy years of age, from each of the coun-
ties composing the respective Judicial Districts, who shall be
elected every ten years by the voters of each county, who shall
act as an Orphans' Court in all matters within the sphere of
the duties of the Orphans' Court, as now defined by law, who
shall be styled Judges of Probate and Administration, and
whose jurisdiction shall not extend to any other matters over
which the Presiding Judge of Equity, Probate and Adminis-
tration may have jurisdiction, as defined under the present
system.
6th. That the Judges of the Circuit Courts and Courts of
Equity, Probate and Administration, shall be elected for the
period of twenty years, be ineligible after their said term of
service for the same positions,, and incapable of acting after
they have arrived at the age of seventy years.
In case of death, disqualification or removal from the State,
or from their office, the remainder of their term so vacated
shall be filled by an appointment by a joint vote of the Gen-
eral Assembly of Maryland, if in session, or by the Executive
(if the Legislature be not in session, or should fail to elect, )
subject to a ratification by the Senate.
1th. That with a view to a fair division of the counties of
the State into Judicial Districts, the following enumeration
is suggested:
First Judicial District—Worcester, Somerset and Dorches-
ter counties.
Second Judicial District—Talbot, Caroline and Queen
Anne counties.
Third Judicial District—Kent, Cecil and Harford counties.
Fourth Judicial District—Baltimore and Carroll counties.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 136   View pdf image (33K)
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