The Republican. [volume] (Oakland, Md.) 1877-current, 1938-10-27
CHAPTER 494-1937

AN ACT to amend Section Il of Article a,
title Judiciary Department" subtitle Part
UI-Circuit Courts of the Constitution of
this State, to provide an additional judge in
the Second Circuit and to provide for the
submission of said amendment to the quail
flied voters of this State for adoption or re-
lection.
Section 1. Be it enacted by the General As
sembly of Maryland (three-fifths of all of the
members elected to each of the two Houses
concurring). That the following section be and
the is hereby proposed an amendment
to Section 81 of Article A, title judiciary De-
partment, subtitle Part III-Circuit Courts"
of the Constitution of the State, and if adopted
by the legal and qualified voters thereof as
herein provided, it shall supersede and stand
in the place and stead of Section 81 Of said
Article 4.
81. For each of the said circuits, excepting
the eighth. the second, the third and the sixth,
there shall be a chief Judge and two associate
judges, to be styled judges of the Circuit Court,
to be selected or appointed as herein provided.
and for the second circuit, the third circuit and
the sixth circuit there shall be a chief judge
and three associate judges to be styled judges
of the Circuit Court, to be elected appointed
as herein provided. And no two of said associ-
ate judges for any of the said circuits, except
the third and sixth circuits shall, at the time
of their election appointment or during the
term for which they may have been elected or
appointed, reside in the county. If two
more persons shall be candidates for asso-
ciate judge in the same county in any of the
circuits, except the third and sixth circuits,
that one only in said county shall be declared
elected who has the highest number of votes
in the circuit. In case any two candidates for
associate judge in any of the circuits, except
the third and sixth circuits residing in the
same county shall have equal number of
votes greater than any other candidates for
associate judge in the circuit, it shall be the
duty of the Governor to order a new election
for associate judge but the person resid-
ing in any other county of the circuit and who
has the highest number of votes shall be de-
clared elected. The said judges shall hold not
less than two terms of the Circuit Court in each
of the counties composing their respective cir
cults, at such times are now may here
after be prescribed TO which jurors shall be
summoned; and in those counties where only
two such terms are held, two other and in
termedate terms, to which jurors shall not be
summoned; they may alter fix the times for
holding any or all terms, until otherwise pre-
scribed, and shall adopt rules to the end that
all business not requiring the interposition of
the jury shall be, as far as practicable, disposed
of at said intermediate terms One judge in
each of the above circuits. including the Sec
ond, the third and sixth circuits, shall consti-
tute quorum for the transaction of any bus
mess and the said judges or any of them may
hold special terms of their courts, whenever in
their discretion the business of the several
counties renders such terms necessary. The adj
ditional associate judge for the third circuit
elected in accordance with the terms of the
Constitutional Amendment heretofore submit
ted and adopted shall be subject to the same
constitutional provisions, hold his office for
the same term of years. receive the same COM
pensation and have the powers as are
herein provided for the other associate judges
in the third circuit.
The additional associate judge for the second
circuit herein provided for shall be resident
of Cecil County, shall be appointed by the Gov
ernor after the expiration of six (6) months
after the adoption of this amendment and shall
serve until the first general election for men,
bers of the General Assembly that shall be held
in said circuit subsequent to the adoption of
this amendment, at which election his success
sor shall be elected by the qualified voters of
Caroline, Cecil, Kent, Queen Anne's and Tai
bot counties, constituting the second circuit.
The judge appointed shall be subject to the
same constitutional provisions, receive the
same compensation and have the same powers
as herein provided for the other associate
judges in the second circuit, and the judge so
elected shall be subject to the consti-
tutioual provision hold his Office for the same
term of years, receive the same compensation.
and have the same powers are herein pro-
vided for the other associate judges in the
second circuit.
The additional judge for the sixth circuit
herein provided for and elected by the quali-
fled voters of Frederick and Montgomery Coun-
ties at the 1888 election in accordance with the
terms of the Constitutional Amendment hereto
fore submitted and adopted shall be subject
to the same constitutional provisions, receive
the same compensation and have the same
powers herein provided for the other
associate judges in the sixth circuit and his
successor shall be appointed and/or elected
in accordance with the constitutional provis-
ions relating to judges. The Chief Judge may
be elected from either Frederick Mont
gomery Counties but when the Chief Judge
is elected from Frederick County, one of the
| associate judges shall be a resident of said
county and the two remaining associate
judges shall be residents of Montgomery
County and when the Chief Judge is elected
from Montgomery County of the asso-
ciate judges shall be a resident of said Mont
gomery County and the remaining two asso-
ciate judges residents of Frederick County.
In any candidate candidates for as
sociate judge at any judicial election held in
the sixth judicial circuit shall receive sufi-
cient votes to such candidate or candi-
dates to be declared elected. but the election
of such candidate or candidates would cause
more associate judges than herein permitted
to reside in any county of said circuit, then
and in that event only that candidate or
those candidates, the may be, resid-
ing in said county in the order of the votes
ton would provide the permitted number of
associate judges from said county and the
candidate or candidates as the case may be,
residing in the other county, and not SINH
lary disqualified, who shall have the next
highest number of votes in said election shall
be declared elected If. by reason of such a
condition or by reason of an equal vote for
two or more candidates sufficient number of
associate judges duly qualified to residence
as above set out should not be elected at any
election in said sixth judicial circuit, then it
snail be the duty OF the Governor to order a
new election for such untitled office or offices.
Sec. 2. And be it further enacted, That the
aforegoing section hereby proposed an
amendment to the Constitution of this State
shall be- at the next general election to be
held in this State in the year 1888, submitted
to the legal and qualified voters thereof for
their adoption or rejection in pursuance of
directions contained in Article Ia of the Con-
stitution of this State, and at the said general
election, the vote the said proposed amend
ment shall be by ballot. and upon each ballot
there shall be printed the words For the
Constitutional Amendment and Against the
Constitutional Amendment" prescribed
by law, and Immediately after said election,
the vote for and against said proposed amend
ment directed by said Article IA of the
Constitution.
Approved: May IS, 1887.
CHAPTER 525-1997
AN ACT to nrnnnse an Amendment To Articln