Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1956-10-11

qualification OF his successor as provided
by Section S OF thus Article Except as Il
such additional Judge, the Judges OF sait
Court IN the FIRST instance shall be ap
pointed by the Governor from thef resIec
tive Appellate Judicial Circuits but suel
appointments shall he made from among th,
elected Judges composing the Court OF Ap
peaiS as OF December 81, 1914. II, OF
December 81, 1914, there are no eleCtet
members OF the Court OF Appeals from any
Appellate Judicial Circuit, the Governor
shall designate the member OF the Court Of
| Appeals from that Appellate Judicial Cirrua
from among the appointed memberS OF III,
Court OF Appeals from that Appellate Judi
clal Circuit II any Judge so appointed
shall be member VI the Court Oi Appeal,
| as OF December 81. l944. by virtue OF hav
/ ing been elected to that office, his appoint
ment shall he tor the balance OF the tern
| tor which he had heretofore been elected
! The Judges appointed from the First
Second and THIRD Appellate Judicial Circtnis
shall cease to be Chief Judges OF their re.
| spective Circuits. ANY elected Judges from
| Circuits, except the Eighth Circuit, N office
on December 81, 1914. other than the thtee
designated by the Governor as Judges OF the
Court OF Appeals shall be additional Iudpes
| OF the Court OF Appeals and shall continue
TO be Chei Judges OF their respective CIR.
cuts and shall hold Office ton the residue OF
the terms tor which they were elected No
successor TO any such additional Judge shall
be appointed OF elected as Judge OF the
| Court OF Appeals OF texcept as provided IN
| Section II 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, II any, TO hold office foI
| 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
designated by the Governor as the Chief
Judge. The jurisdiction OF the Court OF
| Appeals shall be co-extensive with the limits
| OF the State and such as now Is or may
hereafter be prescribed by law. II shah
hold its sessions in the City OF Annapolis
Ion the second Monday in January in the
| year l945, and thereafterI at such time or
times as II shall from time to time by rule
| prescribe.N Its session or sessions shall con
tnue not less than ten months in each year
| II the business before It 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
| that 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, threeI Three OF the Judges
shall constitute a quorum, and the concur
"A nj q ffttpr hall ~
sufficient for the decision Of any cause
SEC. IS. -Four of said Judges shall con
stitute quorum no cause shall be decided
without the concurrence of at least three:
but theI The Judge who heard the cause
below | j 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 shah be a Clerk OF the
Court OF Appeals, who [, after the expira
ton OF the current term OF the present
lncumbent,l shall be appointed by and shall
hold his office at the pleasure OF said Cour,
OF Appeals
SEC. is, It shall be the duty OF the
Judges OF the Court OF Appeals |, as soon
after their election, under this Constitution
as practicable,I to make and publish rules
and regulations for the prosecution OF an,
peas to said appellate Court, whereby they
shall prescribe the periods within which ap.
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 breyity in all records and
proceedings brought into said Court, and
10 abolish and avoid all unnecessary costa.
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
II shall also be the duty OF said Judges OF
the Court Of Appeals [, as soon after their
election as practicable,l 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 brevity 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 fescinded,
chahgeu, OF hlodlned by the SAID Judges, OF
the General Assembly.
SEC. 10. The State shall be divided into
eight Judicial Circuits, in manner following
viz: The Counties Of Worcester, Wic0,Htco
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 Aliegany,
| Garrett, 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 81. Mary's, the Seventh; and Baltimore
| City, the Eighth.
| SEC. ~. 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 1,
shall be two thousand eight hundred dollars
per annum, payable quarterly, andl shall
noi be diminished during his continuance in
office.
SEC. rs. There shall be a Clerk OF the
| Circuit Court for each County, who shall
be elected by a plurality OF the qualified
voters OF said County, and shall hold his
Office tor isixI tour years from the time OF
| ms election, and until his successor Is elect
ed and qualified, and be re-eligible, subject
| 10 he removed for willful neglect OF dtfty or
other misdemeanOf IN office, on conviction
IN COuu OF Law. In case OF a vacancy
| ~ the Office Of Clerk OF a Circuit Court tie
/ Judges Of said Cour shall have power 10
/ I'LL such vacancy until the general election
| Tor Delegates to tie General Assembly, TO
be held next thereafter, when successor
| shall be elected for the term OF Isixl tour
| 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 legaI and ttttq1tGa,f -
/ al the election TO be held IN said City on the
] Tuesday next after the First Monday OF
| November, IN the year Ieigliteen hundred
and sixty seyenl HueieeH hundred and ftfy
eight and shall hold his office ior lsiKl tom
] years from the time OF his election, and
/ until his successor Is elected and qualified
and be re-eligible thereto, subject 10 be
removed FOR Willful neglect OF duty, o. other
| midenlean0T ~ Office, on conviction N o
Couu Of Law. The salary Of each Of the
/ SAID Clerks shall be PAYABLE AS PRO
VlDED IN SECTION as OF ARTICLE
| } or THIS CONSTITUTION and fhey