Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1960-10-27

In the event and 10 the extent Of an,
inconsistency between the. provisions O
any section amended or added by thes,
amendments and any Of the other pro
visions of this Constitution or the pro o
| visions of any existing law, the provi
sions of the sections amended or addes
shall prevail, and such other provision,
shall DO repealed or abrogated 10 the
extent OF such inconsistency, except Sec
ton JSA of Article III Of this Constitu
uon, provided, however, that in the event
OF any inconsistency between the provi
sions of the Sections thus amended q,
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 be adopted Al the
same time or times a. these amend.
ments, lie. at the election held in No.
vember, 1914, or at the election held in
November. 1888, OF at the election held
~ November, 1900, the changes made
py these amendments and all such other
amendments to this Constitution shall al
be given effect.
SEC. 2. Had BE- n further enacted.
That the aforegoing section hereby pro-
posed a. an amendment to the C6nstit,,.
iion 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 qualihed voters thereof for their
adoption or rejection in pursuance Of
directions contained in Article IA Of the
Constitution Of this State, and at the
said general. election, the vote on the
said proposed amendment shall Be by
ballot, and upon each ballot there shail
be printed the words "For the Consti.
tutional Amendment" and Against the
Constitutional Amendment, as now pre-
sctibed 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 IL Of the Con
stitution, and further proceedings mad
in accordance with said Article Il.
EXPLANATIONS; Isaiics imdicass m<,v
matter added 10 ssisfimo Tau.
Bracketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments 10
CHAPTER NO. II
AN ACT to propose an amendment to
Section "a Of Article Nv Of the Con.
stitutin Of Maryland, title Judiciary
NtNAtAaeAt oub~thuC IHTI IL
membership q the Court Of Appeals
Of Maryland, 10 provide for their
selection from appellate judicial cir
cults and for the terms of Office
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 l.. Be " enacted BY the Ges.
fyal AsssrsbIy Of Maryland, (Three-
hfths Of all the Members elected 10 each
Of the two Houses concurring), That
the following section be and II Is hereby
proposed as an amendment 10 Section IL
Of Article ~ of the Constitution Of
Maryland, title Judiciary Department,
subtitle Part 1I--Court Of Appeals,
IT adopted by the legal and qualified
voters OF the State as herein provided, I
to become a part Of the Constitution Of
II. 1.-THE Court Of Appeals shall be
composed Of 1--WE 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.
cult, 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
quallfcation.l The Court Of AbpsGis
from the FWst Appellate Judicial Cir
crif consistim0 Of Cecil, Kent, OMesn
Asns'g. CsroIins, Talbot, DovcfsIisr,
Wicomisa, Worcester end .Someysd
ecaniissS ore from thS Second APPEL.
LATE Judicial Circuit eoasistin0 of
BoitiSors sHd HaVford e0sMfisS; oMe
from ths Third Afpeil0ts Judicial C1.I
cNd, consulting of AAsOGny, Frsdriek,
Garrett, Montgomery eHd Washington
eoSNtiss; 0ns from The Fourth APPELLATE
Judicial CHesit, consulting of Prince
CfOyOfs, Calvert, CharIss aHd 81, Mayys
eoHsfiss; ons from tks Fifth APPELLATE
Judicial CWesit, counting of dHnS
ATHSdsi, CavyOU and HotDdrd eoaatiss;
snd tho from the Sidh appellate yads-
cal Cweaa, consulting Of Baltimore CITY.
The yHdosS of the Court of Abbsdls
JhoB BE- yssidsnfs of and be efsctsd BY
ne qualified yOtys Of their yssbsctiVs
dfeslate Judicial Cigesits. The term of
saeh JsdOs Of re Cos,t Of 1fPsais shall
begin on the date of his qualifications sS.
esbi that each of the yMdoss OF fbs Court
Of Atbsaif .is Office at the time this
amendment to the C0nftitntios takes
sBsct shdIi eontinss 10 hold Office for
the BALANCE of the term for which he sOGs
elected or dPpoiNtsd or EHfu he shall
hevs ATTAINED the age Of ssvsnty years.
whichever may first HAPPEN. 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 is
or may hereafter be prescribed by law.
i shall hold its sessions in the City Of
Annapolis at such time or times as it
shall from time to time by rule pre-.
scribe. Its session or sessions shall con.
tinue not less than ten months in each,
year, II the business before IL shall so
require, and il 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
and shall not be diminished during his
continuance in office. Three Of the
Judges shall constitute a quorum, and
the concurrence Of q majority Of q
quorum shall be sufficient for the deci.
sion Of any eAuse.l Five Of the jNdOfs
shdU 60HSfiftis a quorum, and five
jHd0ss shall ST IN each case ErIsss the
Court ghaH direct that an additional
judge or jEd0es SIT for any case. The
eoBcpTrsncs of majority OF thoss ST.
ting shall BE- sufficient for the dscision of
sny Cause, 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-ARGUMENT
AS HEREINAFTER PROVIDED. IN
any case where there 10 an sqH0I divi-
sior or three 10 fwo division Of the
Court rsGs0rnsW before the faIi
Cos,f Of svss jsd0ss skaH be granted
TO the Iosin0 party ~bos ebfIicGti0n az
matter Of right.
SEC. 2, IAd be q further snaetsd,
That the foregoing section hereby pro-
posed as an amendment to the Constitu.
ton Of thi. State, at the next general
election TO be held in this State in the
year 1860, shall be submitted 70 the
legal and qualified voters thereof for
their adoption or rejection In pursuance
Of the directions contained in Article
XIV Of the Constitution Of this State,
and at the said general election the vote
on this proposed amendment shall be BY
ballot and upon each ballot there shall
be printed the words For the Constitu.
tional Amendment" and Against the
Constitutional Amendment, as now pro.
vided by law, and Immediately after the
election, due returns shall be made "a
the Governor Of the vote for and against
this proposed amendment a. directed BY
Article XIV Of the Constitution and fur.
Their proceedings had in accordance with
Article XIV.
EXPLANATION: Itdiies indicate hsl,
matter added 10 sxi5fin0 I0w.
IBracketsI indicate matter stricken
from existing law.
CAPITALS indicate smsndments d