Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-09-22
TUE NEW CONSTITUTION.


as NAH nereLOIOES uteu .Is.ShcSn "a INNS H'>'
or may hcrsaftar be prescribed by law
Section 2--The Judges of tile several Courts
except the Judges of the Orphans Courts Shall
be citizens of the United States, and res
idcnts Of this State, not less than hVe years
next preceding their election, or appointment
by the Executive in case Of vacancy; and not
less than one year next preceding theirciectioh
Or appointment residents in the judicial DIS
trict or Circuit, as the case may be, for which
they may he elected or appointed they snail
be not less than thirty years of age ut the 'iihe
of their election and selected from those who
have been admitted TO practice law III TINS
Suite, and who are most distngHlshen Tor III
tegrty, wisdom aud sound legal knowSedge.
Sestion 3.--The Judges of the Court OF APP
penls shall be elected by the qualified voters OF
the State; and the Governor, by and WIN inc
advice and consent of the Senate, siia" de-
signate the Chief Justice; and the Judges oi
the Judicial Circuits SHAH be elected by the
qualified voters of their respective Circuits;
each Judge of the Court of Appeals and OF
each Judicial Circuit shalt hold his once ior
the term OF fifteen years. from the time OF MS
election or until he shall have attained Inc age
of seventy years whichever may hrSt hippeh'
and be re-cHgibic thereto until he shaH nave
nttaineI the age of seventy years, ana not III
ter. -, ,
Section Amy Judge shall be removed
from office by the Governor on conviction
j., court of Law, of ncompetency, OF vii
~ ,eplcct of duty, misbehavior in oihce'
,nv other crime; or on impeachment nc-
limo +, this Constitution, or The laws OF
,lo s,oto. or on the address OF the General
Assembly. two thirds of eacn House con,
curing u such address, and the accuse,
having been uotificd Of the charges Against
him. aud had opportunity OF making his
defence. ~.
t;on. removal. or other Disqualification oil a
Judge of any Court Of this State, except q"
the Orphans Courts, the Governor ny anu
with the advice and consent OF the senate
shall thereupon appoint person dn'y 1na',
tiled to fill said Office until the next ge"nra'
.lection thereafter, whether tor MeH'nrrS o.
the General Assembly or County Officers
whichever shall first occur, at which time az
election shall he held rs herein pre8rfnc"
for a Judge, who shall hold said olii'e Tor
tho term Of fifteen years, and until tue eiec-
and qualification Of his successor.
Section 6.-All Judges shall, by virtue oil
their offices, be conservatives oi VIC Pe''oe
throughout the State, and no fees or perqusitcs'
commission or reward of any kind, Shall be
allowed to any Judge in this State. besides his
annraI salary or fxcd per diem for the dis
charge of any Official duty =,
So1t;on mo Judge shall sit in any case
wherein he may be interested, or where either
of the parties may be connected WIN MN ny
affinity or consanguinity within such degrees as
now arc or may hereafter be prescribed ny law
or where he shall have been oil couii'ei IN inc
case. ,,,,t
r;Jn for the trial of causes in case Of the dis
qualification of the Judge OF the superior
Court of Baltimore City, the Court OF Com
mon Pleas, the Circuit Court of Baltimore
CITY. and the criminal Court OF Baltimore, ana
also in case of disqualification OF any Judge
of other Circuit Courts of this State, 20 near
and determine the same. but in case oil such
disqualification, the parties theie'o niul, "
consent, appoint person to try the same anu
the parties to any cause may submit the same
To The Court for discrimination without the aid
of IL jury
Section a.-Thc Judge or Judges of any
Court of this State except the Court OF Ap-
pcals. shall order and direct the record oil pro-
cecdings in any suit or action issue or pour
ton, prcscntnIcnt or Indictment pehu'ns III
such Court, to be transmitted TO some other
Court in the same or any adjoining Circuit
HAVING iursdiction in such cases, whcncycrany
marty to such cause or the counsel OF any par
~ shall make it satisfactorily appear 10 INC
Court thai such party cannot fItlye Ltir hhn
impartial trial in the Court III whlch such sun
or action, issue or petition, pcsentIlcht OF M
dctment is pending; and the General Assembly
shall make such modification OF existing law as
may be necessary to regulate and give force 10
this provision.
Section l0.-Thc Judge or judges ei any
Court may appoint such officers for their res,
pectivc Courts, rs may be found necessary anu
IL shall he the duty of the General Assembly
TO prescribe by law fixed compensation for
all such officers.
Section IL Every person being citizen oil
the United States shall be permitted to appear
TO and try his own case in all the Courts OF this
State.
Section Io.--Any person who shall, after
this Constitution shall have gone into eject,
detain in Slavery any person emancipatcu by
the provisions Of this Constitution, shall, on
conviction be fined not less than five hundred
dollars nor more than five thousand dollars,
or be imprisoned not more than hVc years ana
any of the Judges of this State shall discharge,
on Habess Corpus, any person 50 detained Ill
slavery.
Section l3-The Clerks Of the several Courts
created or continued by this Constitution shall
have charge and custody of the Records ana
other papers shall perform all the duties and
be allowed the fees which appcrtaln to Their
several offices as the same now are or may mere
after be regulated by law.
H.
other officers, provided for BY this Constitution,
states Attorneys excepted, shall be certified
and the returns made py the Clerks OF the re-
spcctiye Counties to the Governor, who shall
issue commissions to the different persons for
the Offices to which they shall have been re-
ppcctively elected; and in all such elections,
the person having the greatest number oil votes
shall he declared to be elected.
Section l5.--lf in any case of election for
Y,.j,. rI,s nf tho Courts q Inv. 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 at
such election.
Section 16.-All public commissions and
grants shall run thus: 1.-THE :tatc of Mary |
land. &c, and shall be signed by the Gov
ernor, with the seal of the State annexed; all
wr,s and process shall run in the same style,
and be tested sealed and signed as usual; and
oil indictments shall conclude against the
peace, government and dignity of the state y
PART II.
COURT OF APPEALS.
Section 1.-THE Court Of Appeals shall con- |
sist OF Chief Justice aud four Associate JUS |
,ices. and for ,heiy selection on the Sta,e shall
be divided into five Judicial Districts, us fol-
lows, viz: Worcester, Somerset Dorchester, |
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 Allcgany, 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 10 act as such until the cxipra-
ton of the term far which they were respec-
lively elected, and until their successors are
elected and qualified: and an election for JUS |