The midland journal. (Rising Sun, Md.) 1885-1947, 1944-08-11

be additional Judges OF the Court OF Ap-
peals and shall continue to be Chief
shall hold ofice for the residue Of the the
| terms for which they were elected No
successor to any. such additional Judge
shall be appointed or elected as Judge OF
| the Court of Appeals or Except as pro-
vided in Section 81 Of this Article) as
Judge Of his Circuit, but any such addi-
tional Judge shall be eligible to appoint
peais from his respective Appellate s JUDICIAL a
judicial Circuit shall be filled by designa.
ton by the Governor Of one Of the add.
tional Judges from such Appellate Judicial
Circuit, II any, to hold office for the resi-
| due Of the term for which he was originally
elected. Upon his appointment or desig-
peals from his Appellate Judicial Circuit,
such additional Judge shall cease to be the
Chief Judge OF his Circuit. The Judges OF
the Court Of Appeals shall be elected by
pellate Judicial Circuits, their terms to be-
gin on the date Of their qualification. One
Of the judges of the Court OF Appeals shall
be designated by. the Governor as the
Of Appeals shall be co-extensive with the
limits of the State and such as now 10 or
may hereafter be prescribed by law. It
shall hold It's sessions In the City of An
nap0lis on the second Monday In January
In the year 1916, and thereafter ut such
time or times as 1t shall from time to time
by rule prescribe. Its session or sessions
shall continue not less than ten months
In each year, IL the business before It shall
30 require, and 1t shall be competent for
the judges temporarily to transfer their
Bittings elsewhere upon sufficient cause.
Appeals shall be that now or hereafter
prescribed by the General Assembly and
shall not be diminished during his con.
tinuance In office. When the number of
judges shall have become reduced to FIVE,
three Of the judges shall constitute a
quorum, and the concurrence Of a majority
Of a quorum shall be sufficient for the de-
cision Of any cause.
Sec. 1sA. The Chief Judge Of the Court
of Appeals shall be the administrative
head of the judicial system Of the State.
He shall from time to time require, from
each of the judges Of the Circuit Courts
for the several counties and of the su-
to the judicial work and business OF each
of the Judges and their respective courts.
He may, In case OF vacancy or OF Ill
ness, disqualification or other absence Of
peals, designate any Judge of any of the
Circuit Courts for the counties or Of the
Supreme Bench Of Baltimore City to sit In
any case tSs s or
judge Of that court, and may designate, to
sit as judge Of the Circuit Court for any
county or Of any Court or Courts Of Bal
timore City, either alone or with one or
specified period, any judge Of the Court of
Appeals or of any other Circuit Court or of
the Supreme Bench Of Baltimore City. In
the absence Of the. Chief Judge Of the
Court of Appeals the provisions Of this
Section shall be applicable to the senior
judge present. The powers Of the Chief
Judge under the aforegoing provisions of
this section shall be subject to such rules
and regulations, IL any, as the Court of
Appeals may make. The Court Of Appeals
from time to time shall make rules and
Ill I1A.
tice and procedure In that Court and In
the other courts of this State, which shall
have the force of law until rescinded,
changed or, modified by the Court of Ap..
the courts other than the Court Of Appeals
to make rules Of practice and procedure
shall be subject to the rules and regula-
tions prescribed by the Court of Appeals
or otherwise by law.
PART III-CIRCUIT COURTS
Sec. 81. From and after January l. 1945,
there shall be at least three judges for the
first, second, third, fourth, fifth, sixth, and
seventh circuits, to be styled judges of
pointed as herein provided. In any of
said circuits in which there shall be more
than three judges Qncluding the additional
ag Of the Of fS Esss
of Appeals shall be appointed or elected
as judge Of said circuit. In any of said
circuits in which there shall be only. three
JUICES I'LL duuiliOHdi JuuBe VI
the Court Of Appeals). successor to the
additional judge Of the Court of Appeals
shall be appointed and elected as judge
of said circuit. The aforesaid number of
judges for any Of the circuits shall be
subject to increase or decrease by law as
provided in Section 8 of this Article. The
senior judge in length Of service shall be
the chief Judge Of the circuit (unless there
is an additional Judge Of the Court of APP
peals); the other judge or judges shall be
associate judges. No two Of said judges
Of the Circuit Court shall at the time. of
the term for which they may have been
elected or appointed, reside in any one
county other than Baltimore, Montgomery,
Prince Georges or Allegany County, and
not more than two In any county except
liz there Is an additional judge of the
Court Of Appeals) Baltimore County. In
case any candidate or candidates for judge
at any election shall receive sufficient votes
to cause such candidate or candidates to
be declared elected, but the election of such
candidate or candidates would cause more
judges than herein permitted to reside in
any county Of the circuit, then and in that
event there shall be declared elected only
that candidate or those candidates residing
in said county, In the order Of the votes
received, whose election would provide the
permitted number of judges from said
county, and also the candidate or candi-
dates residing in some other county, and
not similarly disqualified, who shall have
the next highest number of votes in said
or by reason of an equal vote for two or
more candidates a sufficient number of
judges duly qualified as to residence shall
not be elected at any election, then 1t
shall be the duty Of the Governor to order
a new election for such untitled Office or
Offices. The said judges shall hold such
terms of the Circuit Court in each of the
counties composing their respective cir
cults, at such times, as are now prescribed
or may hereafter be prescribed by rules
or regulations by the Court Of Appeals or
otherwise by law. One judge In each of
said seven 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,
when In their discretion, the business Of
the several counties renders such terms
necessary.
All provisions of the Constitution Of
Maryland and all acts Of the General AS
sembly relating to the Court Of Appeals
or any other courts, and all rules hereto
fore adopted by the Court of Appeals, not
inconsistent with the provisions Of the Sec
ti0ns amended or added by this amend
ment, shall remain in full force and effect
unless and until amended or repealed by
proper authority. ALI salaries now pre-
scribed by law for associate judges Of the
Circuit Courts shall continue to apply to
all judges Gncluding chief judges of the
Circuit Courts who are not judges of the
Court of Appeals No member of the Gen.
eral Assembly at which this amendment
was proposed, If otherwise qualified, shall