Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-10-06
TNE NOW CONSTITUTION.
concluded from, First Page

from .',sIn. The process ana Vtnfli- Vn'.' 500
- .Iu,,iocs of tho Peace sauA nc autnehuC''eu
=. ha,t heretofore been practised ~ this c'a'e'
nay i.crca..ac be prescribed by saw.
s,,,;,u 2--The Judges Of the several Courts
zen, he Judges Of the Orphans Courts shali
he citizens Of the United States, ana res
dents of this State, not less than hVe years
rn1t preceding their election, or Appointment
iy the Executive in case OF q vacancy ana nor
f.ss than one year next preceding .heii eleotioh
or appointment, resIdeatseih ihe 1ue'eiai ~
.r,ct Or Circuit aa the case may hc, ior when
,hey may he elected OF appointed; they shail
he hot less than thirty years OF age at the uiic
- taeir election and selected from those WHO
have been admitted TO practice "a" IN tu's
s..,c and who are most distinguished Tor III
tn,ritv. wisdom and sound Legal kno"fedge'
etion 3.--rhe Judges Of the Court OF AP-
rtlls shl! be elected by the qualiiied voters oi
IT, state. and the Governor, by and wan the
rIv;rc and consent of the Senate shat de-
s;-nate the Chirf Justice; and the Judges Oh
III Tactical Circuits shall he elected by inc
,,,,a;Hdcd voters Of their respective Clrculs
,,rh Judte OF the Court Of Appeals ana OF
= ,ch judicial Circuit shat hotd ms once ,or
the term of fifteen years, from the 'iiie Oh no
election. or until he shalt have ATTAINED inc aRe
IF .eycnty wears whichever may first happen
"a he rs-cligible thereto until he shall have
attained the uge Of seventy years, ana no' Ill
Section 4-Any Judge shall be removed
f,on, nffi.o by the Governor on conviction
an "A court of Law. Of incompetency, oi WIZ
tnl NEGLECT Of duty misuchav!or in "iliee'
ar any other crime; or on impeachment ac-
cord nr to this Constitution, or the laws "l
the Stntc; or on thG address Of the Geherai
Assembly. two thirds Of each House con-
eur,iop in such address. aud the accused
having been notified Of the charges against
him. and had opportunity OF making his
defence.
Section Blu case Of tho death. resisna-
inr remoya,. or other disqualification OF
.Inage of any Court OF this State, except "i
the Ofphaus' Courts, the Governor. by ana
with the advice aud consent OF the Senate.
shall thereupon appoint perf"n duly qH"',
fled TO ill said Office until the next general
.lection thereafter, whether Tor Members OF
The General Assembly " County officers
wh,cheyrr shall first occur, at which time MI
election shall be held MS herein pr"1cr hed
Tar :, .Iudce. who shall bold said uli'n Tor
,ba term Of fifteen years, and until the cleo
and qualification OF his successor.
Section G.-All Judges shall, by virtue OF
their Offices, be conservatives OF the peace
throughout the State, aud no ices or perqus'tcs'
commission or reward of any kind, shall be
allowed
annual salary or h%ed per uieHi Io' 'ie Yin
churge OF any official duty,
Section NO Judge shall sit in any case
wherein he may be interested, or where c!ther
of the PARTIES may he connected with HIN ny
affinity or consanguinity within such degrees as
now are or may hereafter be prescribed by law
or where he shall have been OF counsel III the
ease.
= 81, tri,1 ,f sS oil Tic IlS-
qualification of the Judge Of the Superior
Court of Baltimore City, the Court OF Com
mon Pleas, the Circuit Court oil baltimore
CITY. and the criminal Court OF Baltimore, aud
also in case Of disqualification OF any Judge
of other Circuit Courts Of this State, To hear
and determine the same. but Ill case OF sue"
disqualification, the parties thereto may ny
consent, appoint person 10 Try the sthe' "no
the parties TO any cause may submit the SAINT
TO The Court lor determination without the ala
of jury
Section o.-Thc Judge or judges of any
Court OF this State, except the Court OF APP
ueaks. shall order and direct the record OF pro-
ceedings in any suit or aclioni Issue OF Pe'!i-
ton presentment or indictment pending IN
such Court, to he transmitted 10 some other
Court in the same OF any adjoining tlituil
having jurisdiction in such cI3cs, whenever any
party 10 such cause OF the counsel OF any par
~ shall make it satisfactorily appear TO The
Court thai such party cannot nave " inir ana
impartial trial in the Court in which such suit
or action, issue or petition, pescntmrni or m
dictmcnt is pending; and the General Assembly
shall make such modification OF c%iS!ihs law a.
may be necessary to regulate and give force to
this provision.
: Section i0.--Thc Judge or judges OF am
Court NAV appoint such officers for their res
uectiye Courts, as may be found necessary, ana
Il shall be the duty OF the General Assembly
20 prescribe by law a fixed compensation for
all such officers.
Section ll.-Every person being citizen OF
the United States shall be permitted TO appear
to and try his on case III hH Tue Nourts Vi TINS
State.
Section l2--Any person who shall, alter
this Constitution shall have gone into effect,
detan in Slavery any person einancipateu ny
the provisions Of this Constitution, shall, on
eonvic ion be fined not less than five hundred
dollars nor more than i've thousand dollars,
or be imprisoned not more than five years ana
snv of the Judges of this State shall discharge,
on Habcas Corpus, any person SO detained IN
slavery.
Section l3--The Clerks of the several Courts
created or continued by this Constitution shall
have charge and custody of the Records aud
other papers shall perform all the duties and
be allowed the fees which appertain to their
several offices as the same now are OF may mere
after be regulated by law.
Section l4.-Al election Of Judges, aud
other officers, provided for by this Constitution,
States Attorneys excepted, shall be certified
and the returns made Ply the Clerks OF the re.
spective Counties to the Governor. who shall
issue commissions to the different persons for
the Offices to which they shall have been re-
spectively elected; and in all such elections,
the person having the greatest number oil votes
shall be declared to be elected.
Se,tion TX IF in any of election Tor
Judges, Clerks of the Courts OF Law, and
Registers of Wills, the opposing candidates
shall have an equal number Of votes, 1t 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 ut
such election.
Section lG.--Al public commissions and
grants shall run thus 1.-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,
and be tested, sealed and signed as usual; and
all indictments shall conclude against the
peace, government aud dignity OF the State.
PART II.
COURT OF APPEALS.
Section l7.-Thc Court of Appeals shall con-
sst of Chief Justice and four Associate Jus
tices, and for their selection on the state shall
be divided into five Judicial Districts, rs fol-
lows, viz: Worcester, Somerset, Dorchester,
Talbot, Caroline, Queen Anne, kent and Cecil
Counties shall compose the First District; Har-
ford and Baltimore Counties, aud first seven
Wards of Baltimore City, shall compose the
Second District; Baltimore City, except the
first seven Wards, shall compose the Third
District Allegany, 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 and
Associate Justices of the Court of Appeals
shall continue to act as such until the cxipra-