Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1954-10-14


ceived, whose election would provide the per.
mitted number of judges from said county
and also the candidate or candidates residing
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 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. 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
special terms of their Courts, when in their
discretion, the business of the several coun.
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
any other Courts, and all rules heretofore
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until amended or repealed by proper au-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
tor associate Judges OF the Circuit Courts
shall continue to apply to all judges Tin.
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 the Court
Of Appeals or any other court by reason of
[Al appeals and other matters pending in
the Court of Appeals on January l, 1915,
shall be proceeded with and determined by
the Court as hereby constituted.l 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
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 OF added and any of the
ether provisions of this Constitution as
amended by any other amendments which
may be. adopted at the same time as this
amendment, i. G., at the election held in
November, I1944I, 1854, the changes made
by this amendment and all such other amend
ments to this Constitution shall all be given
effect and further pro0ided that if the
amendments proposed by Chapter 607 OF the
Acts of the General Assembly OF Mdyylond
Of 1858 to Sections and III of article of
the Constitution of Maryland are adopted by
the voters OF the State at the election held in
November, 1854, the amendments PROPOSED
herein to said Section III shall be nall and
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 s0Gy as if effective.
SEC. O.. And be it further enacted, That
The afO har ahty ReaA
amendment to the Constitution of the State
of Maryland shall at the next general elec.i
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 Statei
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!
said Fourteenth Article of the Constitution,
and further proceedings had in accordance
with said Article Fourteen.
CHAPTER NO. So
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 rel
moving certain obsolete provisions from
said section.
SECTION l; Be ii enacted BY tte General
Assembly of Maryland (Three-hfths 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"
subtitle Part III-Circuit Courts, thel
voters Of the State as herein provided, to
become Section 81 of Article " of the
Constitution Of Maryland.
81. From and after January /, l945li
December 1, 1854, there shall be at least
three Judges for the first, second, Ithird,J
fourth, fifth, sixth, and seventh circuits,
aud at least tour Judges ~ the third circuit
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-
tional 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
Ilaw as provided in Section of this ArticeI
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.)I; the other judge or judges shah
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(if there is additional
Judge of the Court Of Appeas)l 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.
mtted 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
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 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 Hif adoption
OF this amendment shall not be flied by db.
bointment as provided in Section of this
| Article: but at the first biennial general
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