The Republican. [volume] (Oakland, Md.) 1877-current, 1960-11-03


IKE "SstUc4 WvfAC2RINS.Ge'Y OCCUR.
RED; and IN case there be no C0mPtrol
Ter Of the State, or 81 the case Of his
refusal to SerVe, and 10 the case Of has
death, resignation, remoaaI from The
State or other disQH1lif cdfi0H 1Uhile dis
charging the duties of said Office Of Coz
erHor, then the d1ties of said office shall,
deVo!ge upon the Attorney General Of
the State, AT THE TIME SUCH
VACANCY OCCURRED. And the
Legislature may provide by law, for the
impeachment of the Governor; and in
case of his conviction, or his inability,
may declare what person shall perform
the Executive duties; and for any va
cancy in said office not herein provided
for, provision may be made by law; and
if such vacancy should occur without
such provision being made, the Legis-
lature shall be convened by the Secre-
tary of State, for the purpose of filling
such vacancy.
SEC. 2. And be st further enacted,
That the aforegoing section hereby pro-
posed as an amendment to the Constitu-
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 II Of the
Constitution of this State, and at the
said general election, the vote on the said
proposed amendment snail be by ballot,
and upon each ballot there shall be print
ed the words For the Constitutional
Amendment" and Against the Consti-
tutional Amendment, as now prescribed
by law, and Immediately after said cleo
ton, 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 Constitution, and
further proceedings had in accordance
with said Article IA.
TfvIt
matter added to existing Iaw.
IBracketsI indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill.
CHAPTER NO. 761
AN ACT to propose an amendment to
Section 81 of Article " of the Con-
stitution of Maryland, title Judiciary
Department, subtitle Part III
Circuit Courts, to provide for an adj
ditional Judge of the Circuit COURT
in Montgomery County, TO be elected
by the qualified voters of said County
at the first biennial general election for
Representatives in Congress after the
adoption of the said amendment, TO
PROVIDE FOR AN ADDITIONAL
JUDGE IN THE SECOND JUDI
CIAL CIRCUIT, RELATING TO
THE ELIGIBILITY OF MEN,
BERS OF THE GENERAL AS
SEMBLY FOR THE OFFICE OF
AMENDMENT TO THE QUAIL
FLED VOTERS OF THE STATE
FOR ADOPTION OR REJECTION.
SECTION l. Be it enacted BY the Gen
erGI Assembly of Maryland, Cthree-fifths
of all members elected to each of the
the two Houses concurring), That the
following Section be and the same is
hereby proposed as amendment TO
Section 2l of Article " of the Consti-
tuition of Maryland, title Judiciary De-
Courts, the same, if adopted by the
legal and qualified voters of the State
as herein provided, TO become Section
p of Article " Of the Constitution of
Maryland.
ri. From and after January /, 1855,
there shall be in the third, fourth, fifth,
sixth and seventh circuits at least one
judge for each county, who shall be a
resident of the county in which he shall
hold Office, and who shall be elected by
the voters thereof, to be styled judges
of the circuit court, TO be elected or ap-
pointed as herein provided. The number
of Judges for any of the circuits or for
any of the counties, may be increased
or decreased BY the General Assembly
from time 10 time, and any vacancy so
created shall be filled as provided in Sec
ton 5 of this Article except that in the
third, fourth fifth, sixth and seventh
judicial circuits there shall never be less
than one judge for each county and in all
OF the TcrcuitsI CIRCUITS there shall
never be less than FOUR for each cir
cult. The senior judge in length of service
shall be the Chief Judge of the Circuit;
the other judge or judges shall be as
sociate judges. In the first and second
Judicial circuits no two of said judges
OF the circuit court shall at the time of
their election or appointment, or during
the term for which they NAV have been
elected or appointed, reside in any one
county. In the first and second judicial
circuits, IN case any candidate or candi-
dates for Judge at any election shall
receive sufficient votes TO cause such
candidate or candidates to be declared
elected, but the election of such candi-
date candidates would cause more
Judges than herein permitted to reside
IN any county of the circuit, then and
in that event there shall be declared
elected only that candidate or those can
didates residing in said county, in the
order of the votes received, whose cleo
ton would provide the permitted num-
Der of judges from said county, and also
the candidate or candidates residing in
some other county, and not similarly
disqualified, who shall have the next
highest number of votes in said election.
If, by reason of such a condition or by
reason of an equal vote for two or more
candidates a sufficient number of judges
duly qualified as to residence shall not
be elected at any election, then it shall
be the. duty of the Governor to order a
new election for such untitled office or
1854, there shall be not less than Three
judges resident in Montgomery County
and not less thanl two judges resident
IN Anne Arundel County, and in Prince
georges County and not less than three
Judges resident in Baltimore County.
1.-THE vacancies in Garrett, Montgomery.
and Prince Georges County created by
the adoption of this amendment shall be
hlled as provided in Section of this
Article.l From and after December I.
IgOO he AT lare
Judges resident in Montgomery County.
Notwithstanding any other provision
OF tins Article the vacancies in Anne
arundel, Baltimore and St. Mary's
ty created by the adoption Of this
amendment shall not be filled by appoint-
mcnt as provided in Section s Of this
Article, but at the first biennial general
election Tor Representatives in Congress,
after the adoption of this amendment a
judge shall be elected by the qualified
voters of IAnne Arundel, Baltimore and
s.. Mary's Counties, respectivcly.I
M0ntgomery County to fill such vacancy
in Leachl such county. Any other va
eancy in the office of Judge of the Cir
cult Court for IAnne Arundel, Balti-
more, and St. Mary's CountiesJ Mont
g9mfry County AND ANY VACANCY
~ rGr1T TH Els SECoNDD JUDICIAL, CIR
Sections and 5 Of this Article, EN-
CEPT THAT THE PERSON mi
TALLY APPOINTED TO FILL
THE, VACANCY IN THE SECOND
JUDICIAL CIRCUIT SHALL BE A
RESIDENT OF KENT COUNTY.
The said judges shall hold such terms
of the Circuit Court in each of the
Counties composing their respective cir
cults, at such times as are now pre-
soribed or may hereafter be prescribed
by rules or regulations by the Court of
Appeals or otherwise by law. One judge
in each of the first seven circuits shall
constitute a quorum for the transaction
OF any business; and the said judges, or
any of them, may hold special terms of
their courts, when in their discretion,
the business of the several counties rem
ders such terms necessary.
All provisions of the Constitution of
Maryland and all Acts of the General
Assembly relating 10 the Court of APP
peals or any other courts, and all rules
heretofore adopted by the Court of APP
peals, not inconsistent with the provi-
sions of the sections amended or added
by this amendment, shall remain in full
force and effect unless and until amend