Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1956-10-18

qualification Of his successor. as provided
by Section OF this Article. Except as 10
such additional Judge, the Judges OF said
Court, in the first instance, shall be ap.
pointed by the Governor from their respec.
tive Appellate Judicial Circuits but such
| appointments shall be made from among the
elected Judges composing the Court of Ap-
peals as OF December 81. 1914. II. on
| December 81, 1914, there are no elected
members OF the Court OF Appeals from any
! Appellate Judicial Circuit, the Governor
| shall designate the member OF the Court OF
Appeals from thai Appellate Judicial Circuit
| from among the appointed members OF the
Court OF Appeals from that Appellate Judi-
cial Circuit. II any Judge so appointed
shall be a member OF the Court OF Appeals
as OF December 3D. 1914. by virtue OF hav
ing been elected to that Office, his appoint
ment shall be for the balance OF the term
| for which he had heretofore been elected
| The Judges so appointed from the First,
| Second and Third Appellate Judicial Circuits
shall cease to be Chief Judges OF their re.
spectlve Circuits. Any elected Judges from
! Circuits except the Eighth Circuit, IN Office
on December 3D. 1914. other than the three
designated by the Governor as Judges OF the
Court OF Appeals, shall be additional Judges
| OF the Court OF Appeals and shall continue
to be Chief Judges OF their respective Cir.
cults and shall hold Office tor the residue OF
! the terms tor which they were elected. No
successor to anv such additional Judge shall
be appointed OF elected as Judge OF the
! Court OF Appeals or Except as provided IN
| Section 81 OF this Article as Judge OF MS
Circuit. but any such additional Judge shall
be eligible to appointment as the member OF
the Court OF Appeals from his respective
Appellate Judicial Circuit. Any vacancy IN
any Appellate judicial Circuit shall be filled
by designation by the Governor OF one OF
the additional Judges from such Appellate
Judicial Circuit, # any. to hold Office for
the residue OF the term for which he was
originally elected. Upon his, appointment or
designation as a member OF the Court OF
Appeals 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 the
qualihed voters OF their respective Appellate
Judicial Circuits, their terms to begin on
the date OF their qualification One OF the
Judges OF the Court of Appeals shall be
Judge. The jurisdiction OF the Court OF
Appeals shall be co-extens1ve with the limits
OF the State and such as now is or may
hereafter be prescribed by law. II shall
hold its sessions in the City of Annapolis
Ion the second Monday IN January in the
year 1915, and thereafterl at such time or
times as Il shall from time to time by rule
prescribe. Its session or sessions shall con.
tinue not less than ten months in each wear
II the business before II shall so require
and II shall be competent for the judges
temporarily to transfer their sittings else.
where upon sufficient cause. The salary Of
each Judge OF the Court OF Appeals shall be
mat now or hereafter prescribed by the
General Assembly and shall not be diminish.
ed during his continuance in Office when
the number OF Judges shall have become
reduced to FIVE, threel Three Of the Judges
shall constitute quorum, and the concur.
renee OF a majority OF quorum shall be
sufficient for the decision of any cause
SEC. Is. flour Of said Judges shall con.
stitute quorum; no cause shall be decided
without the concurrence Of at least three:
but thel The Judge who heard the cause
below III shall not participate in the decision;
IN every case an opinion, in writing, shall
be filed within three months after the argu.
ment, or submission Of the cause; and the
judgment OF the Court shall be final and
conclusive; and all cases shall stand for
hearing at the first term after the trans
mission OF the Record.
SEC. II. There shall be q Clerk OF the
Court OF Appeals, who [, after the expira
tion Of the current term OF the present
lncumbent,l shall be appointed by and shall
hold his Office at the pleasure of said Court
of Appeals.
SEC. 10. It shah be the duty OF the
Judges of the Court of Appeals [, as soon
after their election, under this Constitution,
as practicable,l to make and publish rules
and regulations for the prosecution of ap
peals to said appellate Court, whereby they
shall prescribe the periods within which APP
peals may be taken. what part or parts OF
the proceedings in the Court below shall
constitute the record on appeal, and the
manner IN which such appeals shall be
brought to hearing or determination, and
shall regulate, generally, the practice OF
said Court OF Appeals, so as to prevent de
lays, and promote brevity in all records and
proceedings brought into said Court, and
to abolish and avoid all unnecessary costs
and expenses IN the prosecution Of appeals
therein; and the said Judges shall make
such reduction in the fees and expenses of
the said Court as they may deem advisable
L shall also be the duty of said Judges OF
the Court OF Appeals 1. as soon after their
election as practicable,I to devise, and pro
mulgate by rules, or orders, forms and
modes OF framing and filing bills, answers
and other proceedings and pleadings IN
Equity; and also forms and modes OF taking
and obtaining evidence, to be used in Equity
cases; and to revise and regulate, generally,
the practice in the Courts OF Equity of this
state, so as to prevent delays, and to pro
mote brevlty and conciseness in all plead.
ings and proceedings therein, and to abolish
all unnecessary costs and expenses attending
the same. And all rules and regulations
hereby directed to be made, shall, when
made, have the force of Law, until rescinded.
changed, or modified by the said Judges, or
the General Assembly.
SEC. 10. The State shall be divided into
eight judicial Circuits, in manner following.
viz. The Counties Of Worcester, Wieomico,
Somerset, and Dorchester, shall constitute
the First Circuit; the Counties OF Caroline.
Talbot, Queen Anne's, Kent and Cecil the
Second; the Counties OF Baltimore and Har.
ford, the Third; the Counties of Allegany,
Gayreh, and Washington, the Fourth; the
Counties Of Carroll, Howard and Anne
Arundel, the Fifth; the Counties OF Mont.
gomery and Frederick, the Sixth; the Coun.
ties OF Prince Georges, Charles, Calvert,
and ST. Mary's, the Seventh; and Baltimore
City, the Eighth
SEC. "a: The salary of each Chief Judge
and OF 1.-THE Judge Of the Court of Appeals
from the City of Baltimore shall be three
thousand five hundred dollars, and of each
Associate Judge OF the Circuit Court [,
shall be two thousand eight hundred dollars
per annum, payable quarterly, andl shall
not be diminished during his continuance in
office.
SEC. rs. There shall be a Clerk Of IN.
| Circuit Court for each County, who shall
be elected by a plurality of the qualified
voters OF said County, and shall bold his
oihce for lsixl tom years from the time OF
his election, and until his successor IS elect.
ed and qualified, and be re-eligible, subject
/ TO be removed for willful neglect OF duty or
other misdemeanor in office, on conviction
| IN Court OF Law. In case OF a vacancy
IN the Office Of Clerk of a Circuit Court, the
| Judges OF said Court shall have power to
MI such vacancy until the general election
tor Delegates TO the General Assembly, TO
be held next thereafter, when a successor
shall be elected for the term Of IsixI ton,
| years
SEC. 81. There shall be a Clerk OF each
OF the said Courts Of Baltimore city, except
the Supreme Bench who shall be elected BY
the legal and qualified voters Of said CITY,
| at the election to be held in said City on the
Tuesday next after the First Monday OF
November, in the year Ieighteen hundred
and sixty.sevenI HrHfteSa hundred and fifty.
eight. and shall hold his Office for Isixl foH,
years from the time OF his election, and
until his successor is elected and qualified,
and be re-eligible thereto, subject to be
removed for willful neglect OF duty, OF other
misdemeanof IN office. on conviction IN a
Court OF Law. The salary of each OF the
sad Clerks shall be PAYABLE AS PRO.
VlDED IN SECTION IS OF ARTICLE
) OF THIS CONSTITUTION, and they
shall be entitled to no other perquistes, OF
compensation. In case OF a vacancy in the