The Republican. [volume] (Oakland, Md.) 1877-current, 1956-10-11

Court OF Appeals or Nehcep as pIoNlueu III
Section 2l OF this Article as Judge OF his
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, If any, to hold office tor
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
Chiet 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 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 1915, and thereafterl at such time or
times as it shall from time to time by rule
prescribe. Its session sessions shall CON
tinue not less than ten months in each year,
II the business before II 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
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
renee OF majority of quorum shall be
sufficient for the decision OF any cause.
SEC. Is. -Four of said Judges shall con-
stitute a quorum no cause shall be decided
without the concurrence of at least three;
but thel The Judge who heard the cause
below t. 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 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. 1t shall 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 ap-
pcals may be taken, what part parts OF
the proceedings in the Court below shall
constitute the record on appeal, and the
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.
II shall also be the duty of said Judges of
10 of AuDpals T. after their
election as practicable,l to devise, and pro
mitigate by rules, 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 i'll Equity
cases; and TO revise and regulate, generally,
the practice i'll the Courts of Equity of this
State, so as to prevent delays, and TO pro
mote brevity 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
hereby directed to be made, shall, when
made have the force of Law, until resoinded.
changed, or modified by the said Judges. or
the General Assembly.
SEC. l9. The State shall be divided into
eight Judicial Circuits, in manner following,
viz: The Counties of Worcester, Wioomic0,
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 Alegany,
Garrett, and Washington, the Fourth; the
Counties OF Carroll, Howard and Anne
Arundel, the Fifth; the Counties of Mont
gonery and Frederick, the Sixth; the Coun-
ties Of Prince George q Charles, Calvert.
and ST. Nlarys, 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 oil 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. IS. There shall be 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 for IsXl tour years from the time OF
his election, and until his successor is elect
ed and qualified, and be re-eligible, subject
10 be removed for willful neglect of duty OF
other misdemeanor in ottCe, on convection
III 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
, fill 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 LsixI four
years.
SEC 81. There shall be Clerk of each
! OF the said Courts of Baltimore city, except
I the legal and qualified voters of said City,
at the election TO be held i'll said City on the
i Tuesday next after the First Monday OF
November, in the year Ieighteen hundred
and siNty-sevenl nineteen hundred aud nifty
: eight, and shall hold his Office for LsiXI fon'
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 wilful neglect of duty, or other
misdemeanor in Office, on conviction in a
1 ! 'nrtrt sNf fotr al of zach of he
: said Clerks shall be PAYABLE AS PRO
VIDED IN SECTION Is OF ARTICLE
: 3 OF THIS CONSTITUTION, and they
; shall be entitled to no other perquisites, or
compensation. In case of vacancy in the
] office OF Clerk of any of said Courts, the
2 Judges of said Supreme Bench of Baltimore
{ City, shall have power TO I'LL such vacancy
0 until the general election Of Delegates &c
! the General Assembly, to be held next there
after, when a Clerk of said Court shall be
I elected to serve for Isixl tour years there
after; and the provisions of this Article in
e relation to the appointment OF Deputies by
S the Clerks of the Circuit Courts in the
Counties shall apply TO the Clerks of the
Courts in Baltimore City.
SEC. 30. The qualified voters OF the City
e of Baltimore, and of the several Counties
e shall on the Tuesday next after the frs
d Monday in November Lnextl nineteen
, day in every fourth year thereafter, cleo
n 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
e ing, in the City, or County, for which they
= may be elected. They shall have all th'
. powers now vested in the Orphans Court:
. of the State. subject TO such changes as th'
d Legislature may prescribe. Each OF saiC
+ Judges shall be paid per diem for the tim
:, they are actually in session, to be regulated
s by law, and to be paid by the said City, Of
+ Counties respectively. In case of a vacanc!
3, in the office of Judge of the Orphans
]. Court, the Governor shall appoint, ssubjec
:. to confirmation, or rejection by the Senate
E some suitable person to fill the same for tn
c residue of the term.
e SEC. Al. There shall be Register o
e Wills in each county OF the State, and tn
d city of Baltimore, to be elected by the lega
d and qualified voters of said counties am
o city, respectively, who shall hold his offic
d for IsixI four years from the time of hi
J. election and until his successor is electe
: and qualified; he shall be re-elgble, AM
h subject at all times to removal for wilfu
e NEGLECT Of dutY. or misdemeannr in office b