Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1940-08-29

SemDly 10 eSLaDlbn FeOple'D court IN
any other county, incorporated city or
town OF this State and to provide for
all matters relating to said Court and
the Judges, Constables, Clerks and En-
ployees Of said Court; and below said
for Peoples Courts Amendment" and
Against Peoples Courts Amendment"
as now provided by law, and immedi-
ately after said election due returns
shall be made to the Governor of the
amendment as directed by Article XIV
Of the Constitution and further pro-
ceedings had in accordance with said
Article XIV.
Approved: April 20. 1899.
CHAPTER 200
AN ACT to amend Section p Of Article
4, title Judiciary Department" sub
title Part III-Circuit Courts" of
the Constitution Of this State, and to
provide for the submission Of said
amendment to the qualified voters Of
this State for adoption or rejection.
Section /. Be 1t enacted by the Gen.
eral Assembly of Maryland, That three
hfths OF all the members elected to each
tne Two sa n@nseS tna6 me
hereby proposed as an amendment to
Section q Of Article 4, title Judiciary
Department" subtitle Part III-Cir-
cult Courts" Of the Constitution of this
qualified voters thereof as herein pro-
vided, 1t shall supersede and stand In
the place and stead of Section q of said
Article A.
q. For each of the said circuits, ex-
cepting the eighth, the second, the third
, shall be chief Judge and two associate
judges, to be styled judges of the Cir
cult Court, to be selected or appointed
as herein provided, 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
two Of said associate judges. for any
and sixth and seventh circuits shall, at
the time of their election or appoint
ment or during the term for which they
may have been elected or appointed, re-
side In the same county. If two or more
persons shall be candidates for asso-
ciate 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 candidates
for associate judge in any of the cir
cults, except the third and sixth and
seventh circuits, residing in the same
county shall have an equal number of
votes greater than any other candi-
dates for associate Judge in the cir
cult 1t shall be the duty of the Gov
ernOr to order a new election for one
associate Judge; but the person residing
in any other county of the circuit and
who has the highest number of votes
shall be declared elected. The said
judges shall hold not less than two
terms of the Circuit Court in each Of
the counties composing their respective
circuits, at such times as are now or
may hereafter be prescribed to which
jurors shall be summoned; 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 other
wise prescribed, and shall adopt rules
to the end that all business not requir-
ing 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 second, the third (and) sixth and
seventh circuits, shall constitute a
quorum for the transaction Of any bust
ness; 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 additional
associate judge. for the third circuit
the Constitutional Amendment hereto
fore submitted and adopted shall be
subject to the same constitutional pro.
visionR hold his once for the same
pensation and have the same powers as
are herein provided for the other asso-
ciate judges in the third circuit.
The additional associate Judge for
the second circuit herein provided for
shall be a resident of Cecil County,
after the expiration Of six ne (e, months months
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 cir
amendment, at which election his sue
cessor shall be elected by the qualified
voters Of Caroline, Cecil, Kent, Queen
Anne's, and Talbot Counties, constitut-
ing the second circuit; The Judge SO
constitutional provisions, receive the
same compensation and have the same
powers as are herein provided for the
other associate judges in the second cir
subject to the same constitutional pro-
vision, 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
circuit herein provided for and elected
by the qualified voters of Frederick and
montgomery Counties at the 1898 cleo
ton IN accordance with the terms Of
fore submitted and adopted shall be
subject to the same constitutional pro-
visions, receive the same compensati
and have the same powers as are herein
provided for the other associate judges
in the sixth circuit and his successors
shall be appointed and/Or elected in &C.
cordance with the constitutional pro-
visions relating. to judges. The Chief
Judge may be elected from either Fred
erick or Montgomery Counties, but when
the Chief Judge Is elected from Fred
erick County one Of the associate judges
shall be 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 one of the
associate judges shall be a resident of
said Montgomery County and the re-
naming two associate judges residents
didate or candidates for associate Judge
at any judicial election held in the sixth
judicial circuit shall receive sufficient
votes to cause 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,
as the case may be. residing in said
county in the order Of the votes re-
ceived 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 dis
qualified, who shall have the next high
est 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 candidates
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 II shall be the duty of the Gov
ernor to order a new election for such
untitled Office or Offices.
The additional associate Judge for the
afH e..