Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-09-29
YIIII NEU CONSTITUTION.
concluded from First Page.

70 rilizens of the United States, and res
iicpts of this State not less than i7e years
next preceding their election, or appointment
nc tho Executive in case Of vacancy ana not
hrs. than one year next preceding ineir clec,io"
rr appo.ntpent residents III the JuulVI"i ~,
eric. Of Circuit, as the case may pe, l9r VIM >,
thar t,ay he elected or appointed; they snail
he not less than thirty years Of age ut the time
of their election and selected from those VINO
hav,. bean admitted to practice Jaw III thlS
etnto and who are most distinguished Tor IN
t.yrity. wisdom and sound legal knowledge.
y. zion 3.--Thc Judges OF the Court OF Ap-
,,,,Js shall he elected by the qualified voters OF
:he state; and the Governor, by ana WIN t'le
advice and consent OF TIE SENATE sha" w
SENATE the Chief Justice; and the Jo1sc" "
me Judicial Circuits sltaH be elected by the
ouaiGicd voters Of their respective Circuits
carb Jnd,sc o. the Court of Appeals aud oil
,gcb Judici.L Circuit shall hold has once iof
,hc term Of fifteen years, from the tlne oil MS
.ineti,n. or until he shall have attained inc age
nj eeventy wears whichever may first happen
and he rs-c.ipihlc thereto until he shat have
attained the age of seventy years, ana not III
ter. nm, o,ol
Section Amy Judge shall be removed
from Office by the Governor on conVlc'inh
In a court Of law. of incompetency, oil WIZ
tul neglect OF luty, msuchav.or IN once
or my other crime; or on impeachmeht NC
1orlilg to this Constitution, or Tue laws h'
,bc State: or on the address OF the General
Assembly. two thirds Of each House con-
curing IN such address. and the accused
having been notified Of the charges against
him, aud had opportunity oil making hls
defence.
section 5.--Iu case Of the death, rcsigna-
lion. removal, or other disqualification OF -
Judge of any Court Of this State, except "i
,he Orph,ps' Courts, tho Governor, by and
with III. advice and consent Of the Senate.
,hull tLereupon appoint II person duly quail
ifed TO Gil said Office until the next general
election thereafter, whether for Members o.
the General Assembly ur County officers,
wh,eb,yer shall FIRST occur, at which time an
election shall he held rs herein prescribed
for ~ Judge. who shalt h"l'l said IN q tn
,he term of fifteen years, aud until tie cleo
and qualification OF his SUCCESSOR.
Section 6.-Ail Judges shall, by virtue o
their offices. Inc conservatives OF the peace
throughout the State, and no fees or Prerequisites
commission or reward of any KIND s!l;'li DC
allowed TO any Judge in this state, hea,dcS ms
annual salary or liked per diem ''r lhc o'S-
charge Of any official duty
section mo Judge shall sit in any case
,vhrrpju he NAV be interested OF where either
ns The parties may be connected with him 10y
. affinity or consanguinty within SUCH degrees rs
TOW are or may hereafter be prescribed by law
nj, where he shall have been OF counsel IN the
case.
section s.-Thc General Assembly shall pro-
vide for the trial Of causes III case OIL the as
Qualification of the Judge Of the Superior
Court of Baltimore City, the court OF ooh-
mon Pleas, the Circuit Court of Baltimore
civ. and the criminal Court of Baltimore, ana
also in case of n disqualification OF any Judge
of other Circuit Courts of this state, to near
and determine the same, Jut IN case oI such
disqualification the parties thereto may, ny
consent appoint person to Try the same ana
the parties TO any CAUSE may submit the same
70 the Court for determination without the ala
vi Il jury.
Section 9.--Thc Judge or Judges OF any
Court of this State except the Court oil Ap-
,e,I, shall order and direct the record of pro-
cecdincs in any suit or action, issue or peti-
lion prcscntneut or indictment pending i'll
such Court to be- transmitted to some other
Court in the same or any adjoining Circuit
having jurisdiction in such cases, whcneSer any
party to suc! cause, or the counsel OF any par
" shall make it satisfactorily appear TO the
Court thai such party cannot have iair ana
impartial trial in the Court in when such sun
or action. issue or petition, pc'cntmcnt Or IN
snail make such modification Of existing law rs
may he necessary 10 regulate and give force to
this provision
Section lO.--Tbe Judge or Judges Of any
Court may appoint such officers tor their res
pcctive Courts, rs may be found necessary, anu
il shall be the duty OF the General Assembly
10 prescribe by law Il fixed compensation for
H such officers.
Section livery person being citizen of
b,U h., u
10 and try his own case in nH the Courts Of this
State.
Section i2.-Any person who shall, after
this Constitution shall have gone INTO erect,
dctan in Slavery any person euanclpatcd ny
the provisions Of this Constitution, shah, on
convic ion bc fined not less than i've hundred
dollars nor more than five thousand dollars,
or be imprisoned not more than I'VE years: and
any of the Judges of this State shall discharge,
on HabeaS Corpus, any person 50 detained IN
slavery.
Section I3--The Clerks of the several Courts
created or continued by this Constitution shah
have. charge aud custody of the Records and
other papers shall perform all the duties and
be allowed the fees which appertiin to their
several oil .es a. the same now are OF may here
after he regulated by law.
Section li.--All election of Judges, and
other officers, provided for by this Constitution,
and the returns made Ply the Clerks of the re-
spectiye Counties TO the Governor, who snail
issue commissions to the different persons for
the Offices to which they shall have necu ~
<spectively elected; and in all such elections
the person having the greatest number OF votes
shall be declared to be elected.
Section l5.--lf in any ease Of election for
Judges, Clerks Of the Counts Of Law, aud
Registers of Wills, the opposing candidates
shall have an equal number of votes, II shall
be the duty of the Governor to order \ 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.
Section l6.-An public commissions and
grants shall run thus: THE tate Of Mary
land" &C., and shall be signed by the Gov
ernor, with the seal Of the State annexed; all
writs and process shall run in the same style,
aud be tested sealed and signed us usual; and
all indictments shall conclude against the
peace, government and dignity Of the State -
PART II.
COURT OF APPEALS.
Section l7.--The Court Of Appeals shall con-
sist of Chief Justice and four Associate JUS
tices, and for their selection on the State shall
be divided into five Judicial Districts, as fol-
Talbot, Caroline, Queen Anne, Kent and Cecil
Counties shall compose the First District; Har
ford and Baltimore Counties, and first seven
Wards of Baltimore City, shall compose the
Second District Baltimore City, except the
first seven Wards, shall compose the Third
District; Allegauy, Washington, Frederick,
Howard and Carroll Counties shall compose
the Fourth District; st. Mary's, Charles
Anne Arundel, Calvert, Prince Georges
and Montgomery Counties shall compose
the Fifth District, and one OF the justices Of
the Court of Appeals shall be elected from each
Of said districts, by the qualified voters of the
whole State The present Chief Justice aud
Associate Justices of the Court of Appeals
shall continue TO act as such until the exipra-
tion of the term for which they were respec-
lively elected, and until their successors are
elected and qualified; and an election for JUS
tice of the Court OF Appeals, to be taken from,
the Fourth judicial District shall be held ON
az he ,,,f bo