Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1960-11-03

ui~euSiStehcy DctWccn Nnc. provisions OF
any section amended or added by these
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 added
shall prevail, and such other provisions
shall be repealed or abrogated to the
extent of such inconsistency, EXCEPT Sec.
ton jSA Of Article III Of this Constitu.
non, provided, however, that in the event
OF any inconsistency between the provi.
sions OF the Sections thus amended or
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 IL the
same time or times as these amend.
ments, lie. at the election held IN No
vember, 1914, or at the election held IN
November. 1854, or at the election held
~ Novfmbsys 1890, the changes made
by these amendments and all such other
amendments TO this Constitution shall all
be given effect.
SEC. 2. And BE- l. further enacted.
That. the aforegoing section hereby pro-
posed as an amendment to the C6nstitu.
ton OF this State shall be. at the next
general election, to be held in this State
So $50 JN1A A~ube oubuHktCu 10 inc 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
said general. election, the vote on the
said proposed amendment shall be by
ballot. and upon each ballot there shall
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; Italics iNdicais nsw
matter added 10 sxistind Iow.
Bracketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments TO
CHAPTER NO. II
AN ACT 70 propose an amendment %
Section IA Of Article ~ of the Con-
stitution Of Maryland, title Judiciary
Department, subtitle part H.
Court Of Appeals, to increase the
membership Of the Court Of Appeals
Of Maryland, to 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 q1orums and the
number Of judges necessary for
decision OF the Court, and submitting
this amendment to the. qualified voters
Ct the State for adoption or rejection
SECTION /. Be II enacted BY tie Gen.
eyal Assembly of Maryland, (Three-
ffths' Of all the Members elected 10. each
of the two Houses concurring), That
the following section be and il Is hereby
proposed as an amendment to Section IA
Of Article Nv Of the Constitution OF,
Maryland, title judiciary Department"
subtitle Part II--Court of Appeals",
III adopted by the legal and qualified
voters of the State as herein provided.
g become . part of the Constitution Of
Maryland:
IL. 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
cult consisting Of Carroll Howard,
Montgcmery, Frederick, Washington,
Allegany and Garrett Counties. The
Of this section, be designated as 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
quali6cation.1 The Court of AbbsoIs
shall BE- eompossd Of 5svsN jndosi, ons
from the First APPELLATE Judicial. CIR.
cNit .consistix0 Of Cecil, Kent, Qseen
Apns's, CaroIiNe, Talbot. Dorehsstsr,
Wicomico, Worcester ard .Somersel
coHntiss; one from the Second APPEL
LATE Judicial Circuit consisting Of
Baltimore ard Hartford eoHHtiss; one
from ths Third appellate Judicial Cig-
cHit, consistinO Of Alle0asy, frederick,
GoTYstt, Montgomery and Washington
coSntiss; one from the Fourth APPELLATE
Judicial CweNa, eoAsiStiS0 of Prince
Georges, Calvert, Charles and St. MGry'a
eownfiss; ore fran the Fifth APPELLATE
Judicial CivcNit, consisting of AMHs
arundel, Carroll and HOWARD eoNHties;
and tsDo from The SiStb appellate Jsdt.
ciaI Cwcaa, consulting Of Baltimore CITY
The JSdgss. of the. C0srt of Apbsala
/ shall be residents of and b. elected B,
APPELLATE Judicial CiyeHits. The term 81
each JHdos of the Court of AbbssIs shall
begin on the date of his qualification ex
cebf thdt each of the JNd0es of the COnri
of Afbsalf so o6ies at the time .thil
omessdpsnt to the Constitution take.
effect shall continue TO hold Office foi
the balance of the term for tOhich he ud,
elected or APPOINTED or NNfii he shall
have attained the age of seventy ysoTs
svhicheVsy may first hdPbeB. One Of thu
Judges of the Court of Appeals shall b,
designated by the Governor as the Chief
Judge. The jurisdiction OF the Court Of
Appeals shall be co-extensive with thu
limits Of the State and such as now Il
or may hereafter be prescribed by law
II shall hold It's sessions in the City o.
! Annapolis at such time or times as j
shall from time to time by rule pre-
scribe. Its session or sessions shall con
tinue not less than ten months in eacl
year, If the business before it shall 81
require, and it shall be competent 70
; the judges temporarily to transfer thei
, sittings elsewhere upon sufficient cause
The salary of each Judge of the Cour
of Appeals shall be that now or here
after prescribed by the General Assernbl
, and shall not be diminished during hi
continuance in Office. Three of III
!. Judges shall constitute a quorum, an
quorum shall be sufficient for the dec
sion of any eause.I Five of the iad0s
! shall constitute q quorum, and fl
: Judges shall SIT IN each case ENless N
Court shall direct that. an addition
!, Judge or jad0es st for any case. ~
! coacEYysMce of majority of thoss 81
J, ting shall BE- sEfcient for the dseist0n
Z + Any cause, AND AN EQUAL DIV
g SION OF THOSE SITTING, in
q CASE HAS THE EFFECT OF al
J | FIRMING THE DECISION al
y PEALED FROM IF THERE is NJ
+ APPLICATION FOR RR-ARGUMEN
I AS HEREINAFTER PROVIDED. ]
= any case whsre there IS an eqE0I dil
|, sion or a. three TO two diyisi0S Of h
! Court ye6r0rDent before fhs II
!. Court Of ssyen jad0es shall BE- grant
10 the losing Party upon DUPLICATION
matter Of right.
+ SEC. 2. And BE- q further fBGets
r That the foregoing section hereby pr
a posed as an amendment to the Constit
ton OF this State, AZ tue next Kcnci
:. election to be held in this State in I
= year 1860, shall be submitted 70 I
= legal and qualified voters thereof !
their adoption or rejection in pursuan
q of the directions contained in Artii
y XIV OF the Constitution of this Sta
= = and at the said general election the "
n on this proposed amendment shall be
=, Y. ballot and upon each ballot there Oh
y y be printed the words "For the Constr
"a tional Amendment" and against
y Constitutional Amendment, as now p
=, vided by law, and Immediately after
election, due returns shall be made
ri the Governor of the vote for and agaii
~ this proposed amendment as directed
a. Article XIV of the Constitution and 4
y Their proceedings had IN accordance "
- Article XIV.
III ExpLANATIoEi ItaIief indicate y
~ matter added to sxistin0 Iow.
81 IBracketsI indicate matter strieI
" from existing law.
M CAPITALS indiestss amendments
bill.
ali CHAPTER No..6S
i'd AN ACT 20 propose an amendment
- Amsssf. az ~ aks nartaTaffon NJ Rig