The midland journal. (Rising Sun, Md.) 1885-1947, 1940-09-13

"Part III-Circuit Courts" Of the Com
stitution Of this. State, and to provide
for the submission Of said amendment
adoption or rejection.
Section 1. Be It enacted by the General
Assembly of Maryland, That three ffths
of all the members elected to each of the
two Houses concurring, that the Following
section be and the same 10 hereby pro.
posed as an amendment to Section II OF
Article 4, title Judiciary Department"
ub-title part III--Circuit Courts" Of
the Constitution OF this State, and IL adopt-
ed by the legal and qualified voters thereof
as herein provided, It shall supersede and
stand In the place and stead Of Section n
Of said Article 4.
81. For each Of the said circuits, ex-
(and) the sixth and seventh, there shall
be chief judge and two associate Judges.
to be styled Judges Of the Circuit Court,
vlded, and for the second circuit, the third
circuit, (and) the sixth circuit, and the
seventh circuit, there shall be chief Judge
and three ASSOCIATE Judges to be be a styed
or appointed as herein provided. And no
two of said associate judges, for any Of
the said circuits, except the third and sixth
their election or appointment or during
the term for which they may have been
elected or appointed, reside In the same
candidates for associate judge In the same
county in any Of the circuits, except the
third and sixth and seventh circuits, that
only In said aid county Ss a shs be @s sareS
votes in the circuit In case any two can
didates for associate Judge In any Of the
circuits, except the third and sixth and
county shall have an equal number Of votes
greater than any other candidates for asso-
ciate judge In the circuit, 1t shall be the
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 sS shall hold not less than two terms rms
OF the Circuit Court In each of the coun-
ties composing their respective circuits,
at such times as are now or may hereafter
be prescribed to which jurors shall be sum
moned; and In those counties where only
two such terms are held, two other and
intermediate terms, to which jurors shall
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 interpossition, Of the Jury shall
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 trans
action Of any business; and the said judges
or any of them may hold special terms of
their courts, whenever In their discretion
ders such terms necessary. The additional
associate Judge for the third circuit elected
in accordance with the terms of the Con-
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.
The additional associate Judge for the
second circuit herein provided for shall be
a resident Of Cecil County, shall be ap-
ntas Sy ta Aft after the sopan
of this amendment and shall serve until the
first general election for members Of the
General Assembly that shall be held In
this amendment, at which election his sue
voters Of Caroline. Cecil Kent, Queen
the second circuit. The Judge so appointed
shall be subject to the same constitutional
provisions, receive the same compensation
and have the same powers as are herein 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 1898 election in accord
ance with the terms Of the constitutional
adopted shall be subject to the same con-
stitutional provisions, receive the same
compensation and have the same powers
ciate judges In the sixth circuit and his
ed II sccordanee With the constitutlSna a
rel tG sstSer
or Montgomery Counties, but when the
Chief Judge Is elected from Frederick
County one Of the associate judges shall be
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
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 or candidates to
be declared elected, bit the election OF
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, residing in said county in the order Of
the votes received shall be declared elected
whose election would provide the permitted
county 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 q 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
Il shall be the duty of the Governor to
order a 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 assoc
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
cireuif M twO Of the associate Judges