MARSHAL. An officer of the United States, whose duty it is to execute
the process of the courts of the United States. His duties are very similar to
those of a sheriff.
2. It is enacted by the act to establish the judicial courts of the United
States, 1 Story's L. U. S. 53, as follows:
27. That a marshal shall be appointed, in and for each district, for the term
of four years, but shall be removable from office at pleasure whose duty it
shall be to attend the district and circuit courts, when sitting therein, and
also the supreme court in the district in which that court shall sit: and to
execute throughout the district, all lawful precepts directed to him, and issued
under the authority of the United States, and he shall have power to command all
necessary assistance in the execution of his duty, and to appoint, as there
shall be occasion, one or more deputies, who shall be removable from office by
the judge of the district court, or the circuit court sitting within the
district, at the pleasure of either. And before he enters on the duties of his
office, he shall become bound for the faithful performance of the same, by
himself and by his deputies, before the judge of the district court, to the
United States jointly and severally, with two good and sufficient sureties,
inhabitants and freeholders of such district, to be approved by the district
judge, in the sum of twenty thousand dollars, and shall take before said judge,
as shall also his deputies, before they enter on the duties of their
appointment, the following oath of office: "I, A B, do solemnly swear or affirm,
that I will faithfully execute alI lawful precepts directed to the marshal of
the district of________under the authority of the United States, and true
returns make; and in all things well and truly, and without malice or
partiality, perform the duties of the office of marshal (or marshal's deputy, as
the case may be) of the district of _________ during my continuance in said
office, and take only my lawful fees. So help me God."
3. - 28. That in all causes wherein the marshal, or his deputy, shall be a
party, the writs and precepts therein shall be directed to such disinterested
person, as the court, or any justice or judge thereof may appoint, and the
person so appointed is hereby authorized to execute and return the same. And in
case of the death of any marshal, his deputy or deputies, shall continue in
office unless otherwise specially removed; and shall execute the same in the
name of the deceased, until another marshal shall be appointed and sworn: And
the defaults, or misfeasances in office of such deputy or deputies in the mean
time, as well as before, shall be adjudged a breach of the condition of the bond
given, as before directed, by the marshal who appointed them; and the executor
or administrator of the deceased marshal, shall have like remedy for the
defaults and misfeasances in office of such deputy or deputies during such
interval, as they would be entitled to if the marshal had continued in life, and
in the exercise of his said office, until his successor was appointed, and sworn
or affirmed: And every marshal, or his deputy, when removed from office, or when
the term for which the marshal is appointed shall expire, shall have power,
notwithstanding, to execute all such precepts as may be in their hands,
respectively, at the time of such removal or expiration of office; and the
marshal shall be held answerable for the delivery to his successors of all
prisoners which may be in his custody at the time of his removal, or when the
term for which he is appointed shall expire, and for that purpose may retain
such prisoners in his custody, until his successor shall be appointed, and
qualified as the law directs.
4. By the act making certain alterations in the act for establishing the
judicial courts, &c. passed June 9, 1794, 1 Story's L. U. S. 865, it is
7. That so much of the act to establish the judicial courts of the United
States, as is, or may be, construed to require the attendance of the marshals of
all the districts at the supreme court, shall be, and the same is hereby
repealed: And that the said court shall be attended, during its session, by the
marshal of the district only, in which the court shall sit, unless the
attendance of the marshals of other districts shall be required by special order
of the said court.
5. The act of February 28, 1795, 1 Story's L. U. S. 391, directs,
9. That the marshals of the several districts, and their deputies, shall have
the same powers, in executing the laws of the United States, as sheriffs and
their deputies, in the several states, have by law in executing the laws of the
6. There are various other legislative provisions in relation to the duties
and rights of marshals, which are here briefly noticed with reference to the
7. - 1. The act of May 8, 1792, s. 4, provides for the payment of expenses
incurred by the marshal in holding the courts of the United States, the payment
of jurors, witnesses, &c.
8. - 2. The act of April 16, 1817, prescribes the duties of the marshal in
relation to the proceeds of prizes captured by the public armed ships of the
United States and sold by decree of court.
9. - 3. The resolution of congress of March 3, 1791; the act of February 25,
1799, s. 5; and the resolution of March 3, 1821; all relate to the duties of
marshals in procuring prisons, and detaining and keeping prisoners.
10. - 4. The act of April 10, 1806, directs how and for what, marshals shall
give bonds for the faithful execution of their office.
11. - 5. The act of September 18, 1850, s. 5, prescribes the duties of the
marshal in relation to obeying and executing all warrants and precepts issued
under the provisions of this act, and the penalties he shall incur for refusing
to receive and execute the said warrants when rendered, and for permitting the
fugitive to escape after arrest, Vide Story's L. U. S. Index, h. t.; Serg.
Const. Law, ch. 25; 2 Dall. 402; United States v. Burr, 365; Mason's R. 100; 2
Gall. 101; 4 Cranch, 96; 7 Cranch, 276; 9 Cranch, 86, 212; 6 Wheat. 194; 9
Wheat. 645; Minot, Stat. U. S. Index, h. t.
MARSHALLING SECURITIES, equity. When a party has two funds by which
his debt is secured, and another creditor has a claim only on one of these
funds, a court of equity will compel the creditor having a double security to
resort to that fund which will leave the other creditor his security, this is
called marshalling assets. 4 Bouv. Inst. n. 3788; 1 Story, Eq. Jur. 633 Amb. 91;
8 Ves. 389; 9 Ves. 209.
2. Marshalling of assets respects two different funds, and two different sets
of parties, where one set can resort to either fund, the other only to one. It
is grounded on obvious equity. It does no prejudice to anybody, and it
effectuates the testator's intent. It takes place in favor of simple contract
creditors, and of legatees, devisees and heirs, and in a few other cases, but
not in favor of the next of kin. 4 Bro. C. C. 411; 1 P. Wms. 680.
3. The cases in which a court of equity marshals real and personal assets for
the payment of simple contract debts and legacies, may be classed as follows: 1.
Where there are specialty and simple contract debts and legacies and lands left
to descend. In this case if the specialty creditors take a satisfaction for
their debts out of the personal estate, the simple contract creditors first, and
then the legatees, shall stand in the place of the specialty creditors, for
obtaining satisfaction out of the lands, to the amount of so much as was
received by the specialty creditors out of the personal estate.
4. - 2. Where there are specialty and simple contract debts, and lands are
specifically devised. In this case if the creditors take a satisfaction for
their debts out of the personal estate, the simple contract creditors shall
stand in the place of the specialty creditors for obtaining a satisfaction out
of the lands to the amount of so much as was received by the specialty creditors
out of the personal estate, but then there can be no relief for the legatees,
because there is as much equity to support the, specific devise of the lands, as
to support the bequest of the legatees.
5. - 3. Where the debts are charged upon the lands. Here the legatees shall
have the personal estate towards their satisfaction, and if the creditors take
it in payment or towards the discharge of their debts, the legatees shall stand
in their place pro tanto to have a discharge out of the lands.
6. - 4. When simple contract debts and legacies are both charged on the land.
In this case the land shall be sold and all paid equally. 1 Madd. Ch. Pr.
MARSHALSEA, English law. The name of a prison belonging to the court
of the king's bench.
MARTIAL LAW. Vide Law Martial.
MARYLAND. One of the original states of the United States of America.
The province of Maryland was included in the patent of the Southern or Virginia
company; and upon the dissolution of that company, it reverted to the crown.
Charles the First, on the 20th of June, 1632, granted it by patent to Lord
Baltimore. Under this charter Maryland continued to be governed, with some short
intervals of interruption, down to the period of the American Revolution, by the
successors of the original proprietor. 1 Chalmer's Annals, 203.
2. Upon the revolution of 1688, the government of Maryland was seised into
the hands of the crown, and was not again restored to the proprietary until
1716; from that period no alteration occurred until the American Revolution.
Bacon's Laws of Maryland, 1692, 1716.
3. The original constitution of this state was adopted on the 14th day of
August, 1776. The present constitution was adopted in 1851.
4. The powers of the government are distributed into the legislative, the
executive, and the judicial.
5. - 1st. The legislature shall consist of two distinct branches, a senate
and a house of delegates, which shall be styled "The general assembly of
Maryland." Art. III. s. 1.
6. - 2. The general assembly shall meet on the first Wednesday of January,
1852, on the same day, in the year 1853, and on the same day, 1854, and on the
same day in every second year thereafter, and at no other time, unless convened
by the proclamation of the governor. Art. III. s. 7.
7. - 3. The senate will be considered with reference to the qualification of
the electors; the qualification of the members; the length of time for which
they are elected; and the time of their election. 1. Every free white male
person of twenty-one years of age or upwards, who shall have been one year next
preceding the election a resident of the state, and for six months a resident of
the city of Baltimore, or of any county in which he may offer to vote, and being
at the time of the election, a citizen of the United States, shall be entitled
to vote in the ward or election district in which he re-sides, in all elections
hereafter to be held; an& at all such elections the vote shall be taken by
ballot. And in case any county or city shall be so divided as to form portions
of different electoral districts for the election of congressmen, senator,
delegate or other officer or officers, then to en-title a person to vote for
such officer, he must have been a resident of that part of the county or city
which shall form a part of the electoral district in which he offers to vote for
six months next preceding the election: but a person who shall have acquired a
residence in such county or city, entitling him to vote at any such election,
shall be entitled to vote in the election district from which he remoted, until
he shall have acquired a residence in the part of the county or city to which he
has removed. Art. I. s. 1. 2. No person shall be eligible as a senator who at
the time of his election is not a citizen of the United States, and who bas not
resided at least three years next preceding the day of his election, in this
state, and the last year thereof in the county or city which he may be chosen to
represent, if such county or city shall have been so long established, and if
not, then in the county from which, in whole or in part, the same may have been
formed; nor shall any person be eligible as a senator unless he shall have
attained the age of twenty-five years. No member of congress, or person bolding
any civil or military office under the United States, shall be eligible as a
senator; and if any person, after his election as a senator, be elected to
congress, or be appointed to any office, civil or military, under the government
of the United States, his acceptance thereof shall vacate his seat. No minister
or preacher of the gospel of any denomination, and no person holding any civil
office of profit or trust under the state, except justices of the peace, shall
be eligible as senator. Art. III. ss. 9, 10, 11. 3. Every county of the state,
and the city of Baltimore, shall be entitled to elect one senator, who shall
serve for four years from the day of their election. The first election shall
take place on the first Wednesday of November, 1851, and an election for
one-half the senators, as nearly as practicable, shall be held on the same day
every second year thereafter. Art. III. 2, 3, 4, 5.
8. - 4. The house of delegates will be treated of in the same manner which
has been observed in considering the senate. 1. The electors are qualified in
the same manner as the electors of the senate. 2. No person shall be a delegate
who shall not have attained the age of twenty-one years; the other
qualifications are the same as those for a senator. 3. The whole number of
delegates shall never exceed eighty, nor be less than sixty-five, and shall be
apportioned among the several counties according to the population of each, the
city of Baltimore to have four more delegates than the most populous county; no
county to have less than two delegates, the apportionment to be made after the
returns of the national census in 1860 are published, and in like manner after
each subsequent census. They are to serve two years from the day of their
election, which takes place on the same day as that for senators.
9. - 1. The executive power of the state shall be vested in a governor, whose
term of office shall commence on the second Wednesday of January next ensuing
his election, and continue for four years, and until his successor shall have
10. - 2. The first election for governor under this constitution shall be
held on the first Wednesday of November, in the year eighteen hundred and
fifty-three, and on the same day and month in every fourth year thereafter, at
the places of voting for delegates to the general assembly, and every person
qualified to vote for delegates shall be qualified, and entitled to vote for
governor; the election to be held in the same manner as the election of
dele-gates, and the returns thereof, under seal, to be addressed to the speaker
of the house of delegates, and enclosed and transmitted to the secretary of
state, and delivered to the said speaker at the commencement of the session of
the legislature next ensuing said election.
11. - 3. The speaker of the house of delegates shall then open the said
returns in the presence of both houses, and the person having the highest number
of votes, and being constitutionally eligible, shall be the governor, and shall
qualify in the manner herein prescribed, on the second Wednesday of January next
ensuing his election, or as soon thereafter as may be practicable.
12. - 4. If two or more persons shall have the highest and an equal number of
votes, one of them shall be chosen governor by the senate and house of
delegates; and all questions in relation to the eligibility of governor, and to
the returns of said election, and to the number and legality of votes therein
given, shall be determined by the house of delegates. And if the person or
persons having the highest number of votes be ineligible, the governor shall be
chosen by the senate and house of delegates. Every election of governor, by the
legislature, shall be determined by a joint majority of the senate and house of
delegates, and the vote shall be taken viva voce. But if two or more persons
shall have the highest and an equal number of votes, then a second vote shall be
taken, which shall be confined to the persons having an equal number; and if the
votes should again be equal, then the election of governor shall be determined
by lot between those who shall have the highest and an equal number on the first
13. - 5. The state shall be divided into three districts. St. Mary's,
Charles, Calvert, Prince George's, Anne Arundle, Montgomery, and Howard
counties, and the city of Baltimore to be the first; the eight counties of the
Eastern shore to be the second; and Baltimore, Harford, Frederick, Washington,
Allegany, and Carroll counties, to be the third. The governor, elected from the
third district in October last, shall continue in office during the term for
which he was elected. The governor shall be taken from the first district, at
the first election of governor under this constitution; from the second district
at the second election, and from the third district at the third election, and
in like manner, afterwards, from each district, in regular succession.
14. - 6. A person to be eligible to the office of governor, must have
attained the age of thirty years, and been for five years a citizen of the
United States, and for five years next preceding his election a resident of the
state, and for three years a resident of the district from which he was
15. - 7. In case of the death or resignation of the governor, or of his
removal from the state, the general assembly, if in session, or if not, at their
next session, shall elect some other qualified resident of the same district, to
be the governor for the residue of the term for which the said governor had been
16. - 8. In case of any vacancy in the office of governor during the recess
of the legislature, the president of the senate shall discharge the duties of
said office till a governor is elected as herein provided for; and in case of
the death or resignation of said president, or of his removal from the state, or
of his refusal to serve, then the duties of said office shall, in like manner,
and for the same interval, devolve upon the speaker of the house of dele-gates,
and the legislature may provide by law for the case of impeachment or inability
of the governor, and declare what person shall perform the executive duties
during such impeachment or inability; and for any vacancy in said office, not
herein provided for, provision may be made by law, and if such vacancy should
occur without such provision being made, the legislature shall be convened by
the secretary of state for the purpose of filling said vacancy.
17. - 9. The governor shall be commander-in-chief of the land and naval
forces of the state, and may call out the militia to repel invasions, suppress
insurrections, and enforce the execution of the laws; but shall not take the
command in person without the consent of the legislature.
18. - 10. He shall take care that the laws be faithfully executed.
19. - 11. He shall nominate, and by and with the advice and consent of the
senate, appoint all civil and military officers of the state, whose appointment
or election is not otherwise herein provided for, unless a different mode of
appointment be prescribed by the law creating the office.
20. - 12. In case of any vacancy during the recess of the senate, in any
office which the governor has power to fill, he shall appoint some suitable
person to said office, whose commission shall continue in force till the end of
the next session of the legislature, or till some other person is appointed to
the same office, whichever shall first occur, and the nomination of the person
thus a pointed during the recess, or of some other person in his place, shall be
made to the senate within thirty days after the next meeting of the
21. - 13. No person, after being rejected by the senate, shall be again
nominated for the same office at the same seision, unless at the request of the
senate; or be appointed to the same office during the recess of the
22. - 14. All civil officers appointed be the governor and senate shall be
nominated to the senate within fifty days from the commencement of each regular
session of the legislature; and their term of office shall commence on the first
Monday of May next ensuing their appointment, and continue for two years (unless
sooner removed from office) and until their successors, respectively, qualify
according to law.
23. - 15. The governor may suspend or arrest any military officer of the
state for disobedience of orders, or other military offence, and may remove him
in pursuance of the sentence of a court-martial; and may remove for incompetency
or misconduct, all civil officers, who receive appointments from the executive
for a term not succeeding two years.
24. - 16. The governor may convene the legislature, or the senate alone, on
extraordinary occasions; and whenever, from the presence of an enemy or from any
other cause, the seat of government shall become an unsafe place for the meeting
of the legislature, he may direct their sessions to be held at some other
25. - 17. It shall be the duty of the governor semi-annually, and oftener if
he deem it expedient, to examine the bankbook, account books, and official
proceedings of the treasurer anA comptroller of the state.
26. - 18. He shall, from time to time, inform the legislature of the
condition of the state, and recommend to their consideration such measures as he
may judge necessary and expedient.
27. - 19. He shall have power to grant reprieves and pardons, except in cases
of impeachment, and in cases in which he is prohibited by other articles of this
constitution, and to remit fines and forfeitures for offences against the state;
but shall not remit the principal or interest of any debt due to the state,
except in cases of fines and forfeitures; and before granting a nolle prosequi,
or pardon, he shall give notice, in one or more newspapers, of the application
made for it, and of the day on or after which his decision will be given; and in
every case in which he exercises this power, he shall report to either branch of
the legislature. Whenever required, the petitions, recommendations and reasons
which influence his decision.
28. - 20. The governor shall reside at the seat of government, and shall
receive for his services an annual salary of thirty-six hundred dollars.
29. - 21. When the public interest requires it, he shall have power to employ
counsel, who shall be entitled to such compensation as the legislature may allow
in each case after the services of such counsel shall have been performed.
29. - 22. A secretary of state shall be appointed by the governor, by and
with the advice and consent of the senate, who shall continue in office, unless
sooner removed by the governor, till the end of the official term of the
governor from whom he received his appointment, and shall receive an annual
salary of one thousand dollars.
30. - 23. He shall carefully keep and preserve a record of all official acts
an proceedings (which may, at all times, be inspected by a committee of either
branch of the legislature,) and shall perform such other duties as may be
prescribed by law or as may properly belong to his office.
31. - 3d. The judicial power of this state shall be vested in a court of
appeals, in circuit courts, in such courts for the city of Baltimore as may be
hereinafter prescribed, and in justices of the peace.
32. - 2. The court of appeals shall have appellate jurisdiction only, which
shall be co-extensive with the limits of the state. It shall consist of a chief
justice and three associate justices, any three of whom shall form a quorum,
whose judgment shall be final and conclusive in all cases of appeals; and who
shall have the jurisdiction which the present court of appeals of this state now
has, and such other appellate jurisdiction as hereafter may be provided for by
law. And in every case decided, an opinion, in writing, shall be filed, and
provision shall be made, by law, for publishing reports of cases argued and
determined in the said court. The governor, for the time being, by and with the
advice and consent of the senate, shall designate the chief justice, and the
court of appeals shall hold its sessions at the city of Annapolis, on the first
Monday of June, and the first Monday of December, in each and every year.
33. - 3. The state shall be divided into four judicial districts: Allegany,
Washington, Frederick, Carroll, Baltimore, and Harford counties, shall compose
the first; Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, Charles and
Prince George's, the second; Baltimore city, the third; and Cecil, Kent, Queen
Anne's, Talbot, Caroline, Dorchester, Somerset, ana Worcester, shall compose the
fourth district. And one person from among those learned in the law having been
admitted to practice in this 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 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 the time of his election, or
until he shall have attained the age of seventy years, whichever may first
happen, and be reeligible 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 court of appeals shall be two thousand five hundred dollars
annually, and shall not be increased or diminished during their continuance in
office; and no fees or perquisites of any kind, shall be allowed by law to any
of the said judges.
34. - 4. No judge of the court of appeals 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 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 bear 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 shall
immediately commission the requisite number of persons learned in the law for
the trial and determination of said case or cases.
35. - 5. 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
conservator's of the peace throughout the state.
36. - 6. 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."
37. - 7. 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 eighth; and there shall be elec-ted, 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 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 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 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 re-spective
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.
38. - 8. 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 for integrity, wisdom
and sound legal knowledge, and shall be elected by the qualified voters of the
said circuits, 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.
39. - 9. 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.
40. - 10. There shall also be established, for the city of Baltimore, another
court of law, to be styled the superior court of Baltimore 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 plain-tiffs shall
recover less 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.
41. - 11. 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 bold
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, wherever 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.
42. - 12. There shall also be a criminal court for the city of Baltimore, to
be styled the criminal court of Baltimore, which shall consist 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 now exercised by Baltimore city
court, and the said judge shall receive a salary of two thousand dollars a year,
and shall be subject, to the provisions of this constitution with regard to the
election and qualifications of judges, term of office, and removal
43. - 13. 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 eiection. 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.
44. - 14. 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
several counties, who shall be elected by the 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 way be, and on all such appeals, either party shall be
entitled to a trial by jury, according to the laws now existing, or which way 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.
45. - 15. 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
consan-guinity, within 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.
46. - 16. The present chancellor and the register in chancery, and, in the
event of any vacancy in their respective offices, their successors in office
respectively, who are to be appointed as at present, by the governor and senate,
shall continue in office, with the powers 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, safe-keeping, 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 for transmitting to
the said counties, and to the city of Baltimore, all the cases and proceedings
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
47. - 17. 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.
48. - 18. 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 quali-fied, 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.
49. - 19. 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
50. - 20. 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.
51. - 21. In all suits or actions at law, issues from the orphans' court or
from any court sitting in equity, in petitions for freedom, and in all
pre-sentments and indictments now pending, or which may be pending at the time
of the adoption of this constitution by the people, or which may hereafter be
instituted in any of the courts of law of this 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 removal 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 may be provided by law,
as the legislature shall from time to time direct and enact.
52. - 22. All election 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.
53. - 23. If, in 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 election.
MASCULINE. That which belongs to the male sex.
2. The masculine sometimes includes the feminine, vide an example under the
article Man, and see also the articles Gender, Worthiest of blood; Poth. Intr.
au titre 16, des Testamens et Donations Testamentaires, n. 170; Ayl, Pand. 57; 4
C. & P. 216; S. C. 19 E. C. L. R. 551 3 Fred. Code, pr. 1, b. 1, t. 4, s. 3;
3 Brev. R. 9.