Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1956-10-25

qualification of his successor, as provided
by Section OF tins Article Except as to
such additional Judge, the Judges OF SAID
Court. in the first instance, shah be APP.
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. Io44 II, on
December 81, l9i4. 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 that Appellate judicial Circuit
from among the appointed members OF the
Court OF Appeals from that Appellate Judi.
cal Circuit. II any fudge so appointed
SHAH be member OF the Court OF Appeals
as OF December 81, l94l. BY virtue OF hav
ing been elected to that office, his appoint
ment shall be tor the balance OF the term
tor which he had heretofore been elected
The Judges so appointed from the First
Second and rmrd Appellate Judicial Circuits
shall cease to be Chief Judges OF their re
spective Circuits, Any elected Judges from
on December 81, l944 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 he Chief Judges OF their respective Cir.
cuts and shall hold Office tor the residue OF
successor 10 any such additional Judge shall
be appointed of elected as Judge OF the
Court OF Appeals or teXCept as provided IN
Section 81 OF this Article) as Judge OF MS
Circuit, but any such additional Judge shah
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 tor
the residue OF the term tor 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
Chiei Judge OF his Circutl The Judges OF
the Court OF Appeals shall be elected by the
qualified 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 coextensfve with the limits
OF the Stale 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 i945, and thereafterl at such time or
times as II shall from time to time by rule
prescribe. Its session or sessions shall con
tnue not less than ten months In each wear
uiS business oeloTe u snau 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
tnat 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 Ave. threeI Three OF the Judges
shall constitute a quorum, and the concur
renee OF majority OF quorum shall be
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 III shall not participate in the decisions
IN every case an opinion, IN writing, shall
be hled within three months after the argu
ment, or submission OF the cause. and the
judgment OF the Cburt shall be final and
conclusive; and' all cases shall stand for
nearing at the FIRST term after the trans.
mission OF the Record
SEC. II. There shall be a Clerk OF the
Court OF Appeals, who L. after the expira
ton OF the current term OF the present
mcumbent,l shall be appointed by and shall
hold his office at the pleasure Of said Couri
OF Appeals.
SEC. is. It shall be the duty OF the
Judges OF the Court OF Appeals [, as soon
alter their election, under this Constitution
as pracucabe,l to make and publish rules
and regulations for the prosecution OF ap.
peals to said appellate Court, whereby they
shaii 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 10 hearing or determination, and
shall regulate, generally, the practice OF
said Court OF Appeals, so as to pfevenf de
lays, and promote brevity in all records and
PROCEEDINGS bTOuplf said (ottrf al
10 abolish and avoid all unnecessary costs
and expenses m 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,I to devise, and pro
mitigate by rules, or orders, forms and
modes OF framing and filing bills, answers
and other proceedings and pleadings m
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 concseness IN all plead
Ings and proceedings therein, and to abolish
all unnecessary costs and expenses attending
the same, And all rules and regulations
made. have the force Of Law. until rescinded,
changed, or modified 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, Wiconnco
Somerset, and Dorchester, shall constitute
the FIRST Circuit; the Counties OF Caroline
Talbot, Queen Annes, Kent and Cecil, tho
Second; the Counties of Baltimore and Har.
ford, the Third; the Counties OF Allegany,
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. "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 1,
shall be two thousand eight hundred dollars
per annum, payable quarterly, andI shall
not be diminished during his continuance IN
Office.
SEC. IS 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 isixl ton years from the time OF
his election, and until his successor Is elect.
ed and qualified, and be reeligible, subject
10 be removed Tor wilful neglect Of duty OF
other misdemeanoT IN office, on conviction
N the Office OF Clerk OF a Circuit Court, the
Judges Of said Court shall have power TO
hu such vacancy until the general election
tor, Delegates 10 the General Assembly, TO
be held neM hereafter, when successor
shall be elected for tic term Of isxI ton
years
SEC. 3D. There shall be Clerk OF each
Of tie said Courts OF Baltimore city. except
tie Supreme Bench who shall be elected by
The legal and qualified voters OF SAID City.
al the election 10 be held m SAID City on the
Tuesday next after the First Monday OF
November, IN the year ieigliteen hundred
and sixty-seyenl MHefeen hundred and fffy.
eight. and shall hold his office tor tsixl font
years from tie time OF his election, and
unih bis successor IS elected and qualified.
and be rc-ehgible thereto, subject 70 be
removed tor Wiiul neglect OF duty, OF other
nlsdemeanOi IN Office. on conviction IN
Court Of Law. The salary Of each OF the
SAID Clerks shall be PAYABLE AS PRO.
VlDED IN SECTION as OF ARTICLE
OF THIS CONSTITUTION. and they
shall be entitled 70 no other pefqusnes. or
compensation. In case oil . vacancy 10 the