Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1960-10-13


any section amended or added by thes,
amendments and any of the other pro
visions of this Constitution or the pro
visions of any existing law, the provi
sions OF the sections amended or addec
shall prevail, and such other provision,
shall be repealed or abrogated to the
extent Of such inconsistency, except Sec
ton 5SA Of Article Ill of this Constitu.
ton, provided, however, that in the event
Of any Inconsistency between the provi
sions Of the Sections thus amended Of
added and any of the other provisions
OF the sections thus amended or added
and any OF the other provisions of this
Constitution as amended by any other
amendments which may b adopted Al AZ
same time or times AZ these amend.
ments, lie. at the election held n No.
vembef, 1944, or at the election held Ia
November, 1854, or at the slecfion Ned
81 November, 1850, the changes made
by these amendments and all such other
amendments to this Constitution shall ali
be given effect.
SIC. 2. dHd BE- Il further enacted.
That the aforegoing section hereby pro
posed as an amendment to the Constihi.
ton of this State shall be, at the next
general election. to be held in this State
IN the year 1860. submitted to the legal
and qualified voters thereof for their
adoption or rejection in pursuance Of
directions contained in Article IA Of the
constitution. OF this State, and at the
ss,d general election, the vote on the
said proposed amendment shall be by
ballot. and upon each ballot there shalt
be printed the words For the Consti.
tutional Amendment" and Against the
Constitutional Amendment, as now pre.
scribed by law, and Immediately after
said election, due returns shall be made
TO the Governor of the vote for and
against said proposed amendment, as
directed by said Article IA Of the Con.
stitution,. and further proceedings had
in accordance with said Article IL.
EXPLANATION; IfaIies indicate Mssv
matter added 70 sriStin0 Idw.
bracketsl indicate matter stricken
from existing law.
bill. =
CHAPTER NO. II
AN ACT TO propose an amendment TO
Section IA Of Article Nv Of the Con.
stitution Of Maryland. title Judiciary
pepartmens., subtitle Part n
Court Of Appeals, to increase the
membership Of the Court Of Appeals
OF Maryland, to provide for their
~"oi Aiun @ppehatc JUDICIAL eir-
cults and for the terms Of once
of present and new members of the
Court, to provide for quorums and the
number of judges necessary for
decision of the Court, and submitting
this amendment to the qualified voters
OF the State for adoption or rejection.
SECTION /. Be u enacted by tie Gsn-
eydl As5embly Of Maryland, (Three-
hfths of all the Members elected to each,
Of the two Houses concurring), That
the following section be and II is hereby
proposed as N amendment 70 Section IA
Of Article " Of the Constitution Of
Maryland, title Judiciary Department" ;,
subtitle Part II-Court Of Appeals",
II adopted by the legal and qualified
voters of the State as herein provided,
to become = part of the Constitution Of
Maryland:
IA. 1.-THE Court Of Appeals shall be
composed Of FIVE Judges, two from the
City of Baltimore; one from the First
Appellate Judicial Circuit, consisting of
Cecil, Kent, Queen Anne's, Caroline,
Talbot, Dorchester, Wicomico, Worcester
and Somerset Counties; one from the
Second Appellate Judicial Circuit, con,
sisting of Hartford, Baltimore, Anne
Arundel, Prince Georges, Charles, Cal.
vert and St. Mary's Counties: and one
from the Third Appellate Judicial Cir
cut, consisting Of Carroll, Howard,
Montgomery, Frederick, Washington,
Allegany and Garrett Counties. The
City of Baltimore shall, for the purposes
OF this section, be designated as the
Fourth Appellate Judicial Circuit. 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
qualihcation.l The Court of Abbeals
shall BE- COMPOSED of seysn jadoei, one
from the FwH Appellate Judicial Cir
crit consulting of Cecil, Kent, Queen
HnHe's, Caroline, Talbot, DorcheHer,
Wieoniico, Wores5fsr and S0msrsei
conntlsS; one from the Second APPEL
LATE JHdieiaI Cvcpit consulting OF
Baltimore and Harfoyd connfiss, one
from the Third APPELLATE JwdicioI Cir
esif, consulting Of HIls0dny, Frederick,
Garrett, Montgomery and WashiH0ioI
copntiss; one fross the Fourth Appellate
Judicial ciyesii, eossisiing. Of Prince
comfies; one from the Fiffk APPELLATE
Judicial Circtit, conJistin0 of Anns
ArrHdSI, Carroll and Hotvdrd cohnfiss;
and t,oo from The Sixth Appellate Jadi-
Gal Circuit, eonsistiS0 of Baltimore City.
The yHd0Ss Of the Court of AbbedIs
shall BE- residents Of and b. elected BY
NE qualified vofeys Of their respective
APPELLATE Judicial Cvesifs. The term Of
each Judge of the Court of 1btsoIs shall
begin on the date Of his qualification sx-
eePt that each Of The Jsd0fs Of me Court
Of hbpeGis IN cfes az fhs fine this
amendment TO The C0nstitktion takes
effect shall eontiNHs to hold Office for
the balance Of The term for which he was
flscfsd or aPpoiatsd OF until ~ sh0II
hare attained the Gos of sfventy years,
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 shall hold its sessions in the City OF
Annapolis at such time or times as il
shall from time 70 time by rule pre-.
scribe. Its session or sessions shall con
tinue not less than ten months in each
year, If the business before II shall so
require, and II shall be competent for
the judges temporarily TO transfer their
sittings elsewhere upon sufficient cause
The salary of each Judge Of the Court
Of Appeals shall be that now or here
after prescribed by the General Assembly
AHu hnali uN Dt uliulilbntu 0uTlDk MS
continuance in office. Three OF the
Judges shall constitute a quorum, and
the concurrence Of a majority Of a
quorum shall be sufficient for the deci-
sion Of any ezuse.I Five Of the fndoss
Sh0H e0nSfifsfs q quorum, and five
| jpd0ss shall 81 IN each case snIsss the
| Court shall direct that an additional
| Judge or jHd0s5 at for any case. The
concurrence of majority Of fh0Js sit.
ting shall BE- sE6Iciert for the dscision Of
ANY eaEge, AND AN EQUAL DIVI.
SION OF THOSE SITTING IN A
CASE HAS THE EFFECT OF AT.
| FIRMING THE DECISION AP.
PEALED FROM IF THERE is NO
APPLICATION FOR RE-ARCUMENT
AS HEREINAFTER PROVIDED. IN
esy case where thsrs - an eqsaI dir
siOn or fbrsf TO fbDo diViSion Of fhs
Court rsa0Hmsnf bsfors the fai
CoNgt of ssvss jEd0ss shall BE- granted
10 NE Iosino party upon Duplication a.
O matter Of right.
4 SEC. 2. Ind be IL further snaefsd
/ That the foregoing section hereby pro
posed as an Amendment TO the Conslitu
ton Of this State, at the next general
election 10 be held in this State in the
4 year 1860, shall be submitted 10 the
legal and qualified voters thereof foI
their adoption or rejection In pursuance
| Of the directions contained in Articl,
\ XIV Of the Constitution Of this State
and at the said general election the yot,
4 on fhis proposed amendment shall be BY
ballot and upon each ballot there shsl
be printed the words For the Constitu
i fional Amendment" and Against III,
Constitutional Amendment, as now pro
Il vided by law, and Immediately after IN,
election, due returns shall be made I,
\ the Governor Of the vote for and agains
this proposed amendment as directed b.
4 Article XIV Of the Constitution and fur
4 Their proceedings had in accordance witt
Il Article XIV.
ExYLAnATIon; IfaIies indicate ssu
4 matter ADDED 10 SEisfiB0 IaV.
II lBraeketsl indicate matter stricker
4 from existing law.
II CAPITALS indicate amendments 4
bill
j CHAPTER no. s.
AN ACT TO propose an amendmsnt Z