Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1956-11-01


such additional Judge, the Judges OF safe
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. Io44 II. on
December 81, 1874. 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
IRON 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 81, 1914. by virtue OF hav
ing been elected to that Office. his appoint
nlent snail be tor the balance OF the tern,
| tor which he had heretofore been elected
| The Judges 50 appointed from the FIRST,
Second and rhlrd Appellate Judicial Circuits
shall cease to be Chief Judges OF their re-.
spectve Circuits. Any elected Judges from
Circuits, except the Eighth Circuit. IN office
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 be Ch'ei Judges OF their respective Cir
cuts and shall hold Office Tor the residue OF
the terms tor which they were elected No
successor TO any such additional Judge shall
be appointed VI elected Judge OF the
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
ny designation BY the Governor OF one OF
the additional Judges from such Appellate
Judicial Circuit, " any, TO hold office foi
the residue OF the term tor which he was
originally elected. Upon his appointment OF
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 ot 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 coextensive 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 l94S, and thereafterl at such time or
times as It shall from time to time by rule
prescribe. Its session or sessions shall con
tinue not less than ten months in each year
It the business before 1t shall SO require
and It 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.
cd during his continuance in office. when
the number OF Judges shall have become
reduced to i've, threeI Three OF the Judges
shall constitute quorum, and the concur
renee OF majority of a 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. IL, There shall be a Clerk OF the
Court OF Appeals, who [, after the expira.
ton OF the current term Of the present
incumbent, shall be appointed by and shall
hold his office at the pleasure of said Court
OF Appeals.
SEC. 49, # shall be the duty OF the
Judges OF the Court OF Appeals [, as soon
alter their election, under this Constitution
as practicable.l to make and publish rules
and regulations for the prosecution OF an.
peals to SAID appellate Court, whereby thew
shall prescribe the periods within which an.
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 prevenf 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
II shall also be the duty OF said Judges Of
the Court OF Appeals [. as soon after their
mitigate 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 rescinded,
changed, or modified by the said Judges. or
the General Assembly.
SEC; ~. The State shall be divided into
eight Judicial Circuits, in manner following.
VIZ: The Counties Of Worcester, WIconieo,
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 AIlegany,
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 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 bis continuance N
office.
SEC. IS. There shall be a Clerk OF the
Circuit Court for each County, who shall
be elected by plurality OF the qualified
voters OF said County, and shall hold his
office tor lsixl t0w years from the time OF
his election, and until his successor Is elect. |
ed and qualified, and be reeligIble, subIecf |
TO be removed for willful neglect Of duty or
other misdemeanoT IN Office, on conviction
IN Court OF Law. In case OF vacancy
IN the Office OF Clerk OF a Circuit Court. the |
Judges OF said Court shall have power 70
I'LL such vacancy until the general election
tor Delegates to the General Assembly. 10
be held next thereafter. wien a successor
shall be elected for the term Of lsixI foE,
years.
Sac. 81. There shall be Clerk OF each |
OF the said Courts OF Baltimore city, except |
tie Supreme Bench, who shall be elected by |
the legal and qualified voters Of SAID City, |
at the election 10 be held IN said City on the |
Tuesday next after the First Monday Of |
November, IN the year lelghteen hundred |
and sixty seVenI HrHefepn hundred and fifty |
right, and shall hold bis Office for lsIxI f0n, |
years from tie time OF his election, and |
until bis successor - elected and qualified |
and be rr-eligibls thereto subject 10 be |
remUyed for willful neglect OF duty, OF other |
nisdenieanof an Office, on conviction IN a
Couri Of Law. The salary OF each OF the |
SAID Clerks shall be PAYABLE AS PRO. |
VlDED IN SECTION IS OF ARTICLE |
; OF THIS CONSTITUTION and they |
shall be entitled TO no other perquisItes, OF |
compensation. In case OF a vacancy IN the |