Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1954-10-21

] ceived, whose election would provide the per.
mitted number OF judges from said county
and also the. candidate or candidates residing
D in some other county, and not similarly
: disqualified who shall have the next highest
: number of votes in said election. If, by
reason of such condition or by reason OF
. an equal vote for two or more candidates q
sufficient number Of judges duly qualified as
, to residence shall not be elected at any
election, then it shall be the duty of the
Governor to order 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 circuits, 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 constitut a quorum
for the transaction of any business; and the
said judges, or any of them, may hold
discretion, the business of the several co1n,
ties 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
adopted by the Court of Appeals, not in.
consistent with the provisions of the sections
amended or added by this amendment, shall
remain in full force and effect unless and
until amended or repealed BY proper au-
thority. All salaries now prescribed by law
|
shall continue to apply. to all judges Gin
Guiding chief judges of the Circuit Courts
who are not judges of the Court of Appeals.
No member of the General Assembly at
| which this amendment was proposed, If
otherwise qualified, shall be ineligible for ap-
pointment or election as judge of tho Court
| OF Appeals or any other court by reason of
his membership in such General Assembly.
| IAl appeals and other matters pending in
the Court of Appeals on January !, 194s,
| he dad vuifh al hxy
the Court as hereby constituted.I In the
event and to the extent of any inconsistency
between the provisions of any section amend.
ed or added by this amendment and any of
the other provisions Of this Constitution or
the provisions of any existing law, the pro.
visions of the sections amended or added
| shall prevail, and such other provisions shall
be repealed or abrogated to the extent of
such inconsistency, except Section 35A of
Article III of this Constitution; provided,
however, that in the event of any incon.
| sistency between the provisions of the sec.
| tons thus amended or added and any of the
other provisions of this Constitution as
amended by any other amendments which
may be adopted at the same time a. this,
November, I1944l, 1854, the changes made;
by this amendment and all such other amend.
nlents to this Constitution shall all be given
effect and further provided that ST the
amendments proposed by Chapter 607 OF the
Acts of the General Assembly of Marylend'
OF 1888 to Sections 3 and Fl Of article Z Of
the Constitution of Maryland are adopted By.
the voters of the State at the election held in
November, 1854, the amendments proposed
void and of no effect whatsoever and shall
not be included in any future copy or edition
OF the Constitution of Maryland or treated
in any tGy as if effective.
SEC. 2. And be it further enacted, That
the aforegoing sector hereby proposed as an
To he of h.
of Maryland shall at the next general elec.l
ton to be held in November, 1854, be SUBJ
mitted to the legal and qualified voters of
the State, for their adoption or rejection, in
pursuance of the directions contained in
Article IA of the Constitution of the State
of Maryland, and at the said general election
the vote on the proposed amendment to the
Constitution shall be by ballot, and upon
each ballot there shall be printed the words
"For the Constitutional Amendment, and
Against the Constitutional Amendment, as
now provided by law, and Immediately after
said election, due returns shall be made to
the Governor of the vote for and against
the said proposed amendment, as directed by
and further proceedings had in accordance
with said Article Fourteen.
CHAPTER NO. IS
AN ACT to propose an amendment to Sec
ton 81 of Article " of the Constitution!
of Maryland, title Judiciary DEPARTMENT.
subtitle part III-Circuit Courts, pro-,
viding that there shall be not less than
three Judges resident in Baltimore County,
STIMULATING certain conditions under which
this amendment shall be null and void
and Of no further effect and submitting
said amendment to the qualified voters of
the State for adoption or rejection and re-
moving certain obsolete provisions from
said section
ASSEMBLY of Maryland (Three-ffths of all
the members elected to each of the two
Houses concurring), That the following
amendment be and it is hereby proposed to
Section 81 of Article ~ of the Constitution
of Maryland, title Judiciary Department,
same, if adopted by the legally qualified
voters of the State as herein provided, to
become Section 81 of Article w of the
Constitution of Maryland.
81. From and after January /. l945l
December 1, 1854, there shall be at least
three judges for the first, second, Ithird,l
fourth, fifth, sixth, and seventh circuits,
and at least tour Judges IN the third cveHit
to be styled judges of the Circuit Court, to
be elected or appointed as herein provided;
lin any of said circuits in which there shall
be more than three judges (including the
additional judge of the Court of Appeals),
no successor to the additional judge of the
Court Of Appeals shall be appointed or elect.
ed as judge of said circuit. In any of said
circuits in which there shall be only three
judges (including an additional judge of the
Court OF Appeals) a successor to the addi-
tiona Judge of the Court of Appeals shall
be appointed and elected as judge of said
circuit The aforesaid number of judges
TO: any of the circuits shall be subject to
increase or decrease by the General Assembly
Flaw as provided in Section 5 OF this Artcle.J
The senior judge in length of service shall
be the chief judge OF the circuit I(unless
there is an additional judge Of the Court of
Appeals.)l; the other Judge or judges shall
be associate judges. No two Of said judges
of the Circuit Court shall at the time of their
election or appointment, or during the term
for which they may have been elected or ap.
pointed, reside in any one county other than
Baltimore, Montgomery, Prince Georges or
Allegany County, and not more than two in
any county except I(f there is an additional
judge of the Court of Appeals)I Baltimore
County. In case any candidate or candi-
dates 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 per.
mItted to reside in any county Of the circuit,
then and in that event there shall be de.
clared 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 candi'
date or candidates residing in some other
county, and not similarly disqualified, who
in said election. If, by reason of such q
condition 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 it shall
be the duty of the Governor to order a new
election for such untitled office or Offices.
From and after December I, 1854, there
shall be not less than three Judges resident
in Baltimore County. Notwithstanding any
other PROVISION of this article, the vacancy
IN Baltimore County created BY the ADDITION
Of this amendment shall not be filed by GP-
pointment as provided in Section 5 Of This
dvticle; but at the first biennial general
election for VebyesentdtiyeS IN Congress- after