The Republican. [volume] (Oakland, Md.) 1877-current, 1956-10-25

any Appellate Judicial Circuit shall be hned
by designation by the Governor OF one Of
the additional Judges from such Appellate
Judicial Circuit, If any, TO hold Office for
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.l 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 co-extensive with the limits
Of the State and such as now 10 or may
hereafter be prescribed by law. 1t shall
hold its sessions in the City of Annapolis
lon the second Monday in January in the
year 1915, and thereafter at such time OF
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,
II the business before II shall so require,
and il 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
shall constitute a quorum, and the concur.
renee of a majority of a quorum shall Be
sufficient for the decision of any cause.
SEC. IS. flour of said Judges shall con.
sttr'e quorum; no cause shall be decided
without the concurrence of at least three;
but thel 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
,,,,1 of h. eha all he FINAL nd
conclusive; and all cases shall stand for
hearing at the FIRST term after tho trans
mission of the Record.
SEC II. There shall be 4 Clerk OF the
Court of Appeals, who [, after the expira.
ton of the current term of the present
incumbent,l shall be appointed by and shall
hold his Office at the pleasure of said Court
OF Appeals.
SEC. IS. It shall be the duty OF the
Judges OF the Court of Appeals [, soon
after their election, under this Constitution,
as practicable,I 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 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.
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
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 plesdings 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. 49, The State shall be divided into
eight Judicial Circuits, in manner following,
viz: The Counties OF Worcester, Wtc0mtco,
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,
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 I,
shall be two thousand eight hundred dollars
per annum, payable quarterly, andl shall
not be diminished during bis continuance in
office.
SEC. rs. 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 for IsixI four years from the time Of
his election, and until his successor is elect
ed and qualified, and be re-eligible, subject
TO he removed for willful neglect OF duty OF
other misdemeanor in Office, on conviction
in a Court OF Law. In case of vacancy
in the office OF Clerk of a Circuit Court, the
Judges OF said Court shall have power to
I'LL such vacancy until the general election
for Delegates to the General Assembly, to
be held next thereafter, when a successor
shall be elected for the term of Lsixl tour
years.
SEC. 81. There shall be 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 the
Tuesday next after the First Monday OF
November, IN the year eighteen hundred
and siXty-sevenl nineteen hundred and ftty
eight, and shall hold his Office for Lsixl four
years from the time OF his election, and
until his successor is elected and qualified,
and be reeligbe thereto, subject to be
removed for willful neglect OF duty, or other
misdemeanor in office, on conviction in
Court OF Law The salary of each of the
said Clerks shall be PAYABLE AS PRO
VIDED IN SECTION as OF ARTICLE
OF THIS CONSTITUTION, and they
shall be entitled 10 no other perquisites, or
| compensation. In case of vacancy in the
office OF Clerk OF any of said Courts, the
/ Judges OF said Supreme Bench of Baltimore
/ City, shall have power to fill such vacancy
until the general election Of Delegates TO
| the General Assembly, to be held next there
after, when Clerk OF said Court shall be
| elected to serve for Isixl four years there
after; and the provisions of this Article in
relation TO the appointment of Deputies by
the Clerks of the Circuit Courts in the
Counties shall apply to the Clerks Of the
Courts in Baltimore City.
SEC 40. The qualified voters OF the City
OF Baltimore. and of the several Counties,
shall on the Tuesday next after the FIRST
Monday in November InextI nineteen
hundred aud ffty.ei9ht, and on the same
day in every fourth year thereafter, elect
three men to be Judges of the Orphans
Courts of said City and Counties, respec.
lively, who shall be citizens OF the State,
and residents for the twelve months preced.
ing, in the City. or County, for which they
may be elected They shall have all the
powers now vested in the Orphans Courts
of the State. subject to such changes the
Legislature may prescribe. Each OF SAID
Judges shall be paid per diem for the time
they are actually in session, to be regulated
by law, and to be paid by the said City, or
Counties respectively. In case Of a vacancy
in the Office OF Judge of the Orphans
Court, the Governor shall appoint, subject
to confirmation, or rejection by the Senate,
some suitable person to fill the same for the
residue of the term.
SEC. IL. There shall be Register OF
| Wills in each county of the State, and the
city of Baltimore, to be elected by the legal
and qualified voters of said counties and
city, respectively, who shall hold his Office
for Isixl tour years from the time Of his
election and until his successor is elected
and qualified; he shall be re-eligbe, and
subject at all times to removal for willful
neglect of duty, or msdemeanor in office in
the same manner that the Clerks of the
Courts are removable. In the event of any
vacancy in che Office of the Register Of
Wills, said vacSncy shall he filled by the
Judges of the Orphans Court, in which
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