The midland journal. (Rising Sun, Md.) 1885-1947, 1940-08-30

title "Judiciary Department. sub title
part III-Cireuit Courts" OF the Con-
stitutiOn of this State, and to provide
for the submission OF said amendment
to the qualified voters of this State for
adoption or rejection.
Section 1. Be it enacted by the General
Assembly OF Maryland, That three fifths
of all the members elected to each OF the
two Houses concurring, that the following
section be and the same is hereby pro-
Article 4, title judiciary Department" =
subtitle Part III-Circuit Courts" Of
the Constitution of this State, and II adopt
ed by the legal and qualified voters thereof
stand in the place and stead of Section q
of said Article 4.
81. For each of the said circuits, ex-
cepting the eighth, the second, the third
(and) the sixth and seventh, there shall
to be styled Judges Of the Circuit Court,
to be selected or appointed as herein pro-
vided, and for the second circuit, the third
circuit, (and( the sixth circuit, and the
seventh circuit there shall be a chief Judge
and three associate judges to be styled
judges Of the Circuit Court, to be elected
or appointed as herein provided. And no
the. said circuits, except the third and sixth
and seventh circuits shall, at the time of
their election or appointment or during
the term for which they may have been
county. II two or more persons shall be
candidates for associate judge In the same
county In any. of the circuits. except the
third and sixth and seventh 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 can
didates for associate Judge in, any of the
seventh circuits, residing in the same
county shall have an equal number Of votes
greater than any. other candidates for ASSOC
duty of the Governor to order. a new cleo
ton for one associate Judge; but the per-
son residing In any other county of the
circuit and who has the highest number Of
judges shall hold not less than two terms
of the Circuit Court in each of the coun-
ties composing their respective circuits,
as now or M
moned; and In those counties where only
two such terms are held. two other and
intermediate terms, to which jurors shall
not be summoned; they may alter or fix
the times for holding any or all terms,
until otherwise prescribed, and shall adopt
rules to the end that all business not re.
curing the interpretation 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 second,
the third (and) sixth and seventh circuits,
action Of any business 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 rem.
ders such terms necessary. The additional
associate judge for the third circuit elected
in accordance with the terms of the Con-
stitutional Amendment heretofore sub
mitted and adopted shall be subject to the
same constitutional provisions, hold his
Office for the same term of years, receive
the same compensation and have the same
powers as are herein provided for the other
associate judges in the third circuit.
second circuit herein provided fol. shall be
a resident of Cecil County, shall be APP
pointed by the Governor after the expira-
ton Of six (6) months after the adoption
first general election for members of the
General Assembly that shall be held in
said circuit subsequent to the adoption OF
this amendment, at which election his sue: sue;
cessor shall be elected by the qualified
voters of Caroline, Cecil, Kent, Queen
Anne's, and Talbot Counties, constituting
the second circuit. The judge SO appointed
PROVISIONS a receive the the same compensaton
and have the same powers as are herein
provided for the other associate judges In
the second circuit and the judge SO elected
shall be subject to the same constitutional
provision, hold his Office for the same term
of years, receive the same compensation
and have the same powers as are herein
provided for the other associate judges In
the second circuit.
The additional Judge for the sixth cir
cult herein provided for and elected by the
qualified voters Of Frederick and Montgom-
cry Counties at the 1888 election In accord,
ance with the terms of the constitutional
Amendment heretofore submitted and
adopted shall be. subject to the same con-
stitutiOnal provisions, receive the same
as are herein provided for the other asso-
ciate judges In the sixth circuit and his
successors shall be appointed andIor elect,
ed in accordance with the constitutional
nm vic of In fn md
Judge may be elected from either Frederick
or Montgomery Counties. but when the
Chief Judge is elected from Frederick
a resident Of said county and the two re-
naming associate judges shall be residents
of Montgomery County and when the Chief
Judge Is elected from Montgomery County
one Of the associate judges shall be resi-
dent of said Montgomery County and the
remaining two associate judges residents
of Frederick County. In case any candi--
any judicial election held in the sixth ju-
dicial circuit shall receive sufficient votes
to cause such candidate OF. candidates to
be declared elected, but the election of
such candidate or candidates would cause
more associate judges than herein per-
mitted to reside In any county of said cir
cult, then and in that event only that can
be resng IN said county in the Order Of
the votes received shall be declared elected
whose election 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 similarly disqualified, who
shall have the next highest number of votes
in said election shall be declared elected. If,
by reason Of such condition or by reason
of an equal vote for two or more candi-
dates a sufficient number OF associate
judges duly qualified as to residence as
above set out should not be elected at any
election in said sixth judicial circuit, then
It shall be the duty of the Governor to
order new election for such untitled office
or Offices.
The additional associate judge for the
seventh circuit herein provided for shall
be appointed by the Governor Immediately
after the adoption of this amendment and
shall serve until the first general election
for members of the General Assembly that
shall be held in said circuit subsequent to
the adoption of this amendment, at which
election his successor shall be elected by
the qualified voters of Prince Georges,
Charles, Calvert and st. Mary's Counties.
No member of the General Assembly Of
1899, otherwise qualified, shall be ineligible
for appointment or election as such asso-
ciate Judge by reason of his membership
in the General Assembly. The judge so
appointed shall be subject to the same
constitutional provisions, receive the same
compensation and have the same powers as
are herein provided for the other associate
judges in the seventh circuit, and the judge
SO elected and his successors shall be sub
ject to the same constitutional provisions,
hold office for the same term OF years, re-
ceive the same compensation, and have the
same powers as are herein provided for
the other associate judges in the seventh