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

SHALL CAST THEIR VOTES FOR
OR AGAINST THE CONTINUANCE
IN OFFICE OF SAID JUDGE.
ca Whenever a vacancy shall occur
on said Court from any cause the Gov.
erncr shall appoint to said Court a Judge
who shall hold Office under such appoint
lment until the thirty-hrst day OF De.
cember Immediately following the FIRST
Congressional election occurring six
months or more after the date Of his
appointment. No Judge of said Court,
who has stood for election TO succeed
himself and not been elected. shall there.
after be appointed to said Court, and no
Judge Of said Court, who has failed to
stand for election when eligible, shall
be appointed to succeed himself.
! (O In order to qualify for election
Tor reelection Ian incumbent Judged oil
edHdiddfss shall file with the Supervisors
Iof Elections of Baltimore City not later
than thirty days before the date Of the
applicable election . certificate Isigned
and duly acknowledged, stating the basis
lof his eligibility and the term or re-
mainder of term for which he is eligible
for. election. Thereupon, the name Of
such Judge, together with a statement
lot the. term or remainder of term for
which he is eligible, shall be placed upon
election, with no party designation what.
ever and with no opposing candidate,
with space provided TO permit any voter
to cast his vote for or against the
continuance in Office of such Judge:
il the votes cast for the continuance
in Office of such Judge represent
majority Of all the votes cast for
or against his continuance in Office, such
Judge shall hold Office for the unexpired
remainder Of the term or for the full
term of eight years, as the case may be-
Of candidacy in a form to be snbblied
By the Supervisors.
Unless his Office shall have been abol.
ished pursuant to this section, each
Judge of said Court shall continue to
hold Office after the expiration of his
period Of appointment or term until
successor shall qualify. As used in this
section, Congressional election" means
any OF the biennial elections at which
members Of the House of Representa-
tives are regularly chosen.
| Said Court shall have such iurisdc-
ton (which may be made exclusive as
to any class or classes of civil cases in
Baltimore City,, with such right of ap.
peal, therefrom, and the Chief Judge
and Associate Judges thereof shall have
such powers and duties, as the General
Assembly shall prescribe from time 10
time by law. The Judges of said Court
shall have full power to regulate by
rules the administration, procedure and
practice of said Court; such rules shall
have the force Of law until rescinded or
modified by said Judges or the General
Assembly. Unless otherwise provided
by law, 0( all powers granted by this
section or by law to said Court or the
Judges thereof as a body may be ex-
ercised by majority Of the Judges
thereof, and (2) said Court shall not be
Court of Record
| There shall be a Chief Constable Of
said Court. who shall perform therein
the duties prescribed for Clerks Of Court
by Section 10 Of this Article and such
other duties as shall he prescribed by
law or by rule of said Court. Such
Chief Constable shall be appointed, in
the manner hereinafter prescribed, by
the Judges of said Court; and such
Chief Constable shall appoint, in the
manner hereinafter prescribed, all origi-
nal. subsequent and additional constables
and clerks employed pursuant to this
section, and shall supervise and direct
| the work of all such constables and
clerks. There shall be appointed origi-
nally fourteen such constables and six
teen such clerks; the number of either
may, on the joint recommendation Of
said Court and said Chief Constable, be
increased by the Mayor and City Coun.
ell Of Baltimore City; no vacancy in
the position Of any constable or clerk,
however arising, shall be filled by said
Chief Constable unless the Judges Of
said Court and said Chief Constable
shall expressly find that the filling of
such vacancy is necessary for the efficient
operation of said Court. The positions
OF said Chief Constable and of ali such
constables and clerks shall be positions
in the Classified City Service Of Balt-
more and the provisions Of the Charter
Of said City with respect 10 said City
Service are hereby expressly madel APP
plicable thereto. provided that, the Chief
Constable at the time this amendment
becomes effective shall continue and re-
main in said position and Immediately
become a member of said Classified City
Service of Baltimore; all such positions
shall be classified by the City Service
Commission and all appointments, pro-
/ motions, transfers, re-instatements, and
removals with respect to such positions
shall be made only in accordance with
the provisions, rules and regulations Of
said Classified City Service in force
from time to time. Such Chief Con-
stable and all of such other constables
and all such clerks shall receive from
the Mayor and City Council Of Balti.
more City such compensation as said
Mayor and City Council shall prescribe.
Such constables and clerks shall per-
form such duties as may now or here
after be prescribed by law or rule Of
Court.
After adoption Of this section no con-
stable shall be appointed by the Mayor
and City Council of Baltimore City pur-
suant TO Section AZ or Section 45 Of
this Article w, but constables in Office
upon the adoption Of this section shall
hold Office for the remainder Of their
terms, and the constables first appointed
under this section shall take Office at the
expiration of such terms.
SEC. q. And be Il further enacted,
That the aforegoing section hereby pro-
posed as an amendment to the Constitu-
tion 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
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 Consttu.
tional Amendment and Against the
Constitutional Amendment, as now pre-
scribed by law, and Immediately after
said election, due returns shall be made
10 the Governor Of the vote for and
against said proposed amendment, as
directed by said Article IA Of the Con-
stitution.
EXPLANATION: Iialies INDICATE ns,v
matter added TO s1istin0 Iaw.
IBracketsl indicate matter stricken
from existing law,
CAPITALS indicate amendments to
bill
CHAPTER NO. 6o4
AN ACT to propose an amendment 10
Section 40A Of Article ) of the Con-
stitution Of Maryland, title "Legisla-
tive Department TO provide an OPP
tional procedure for land acquisition
for County road or street right-of-way
in Montgomery County, Maryland.
and to submit this amendment TO the
qualified voters Of the State for adop-
ton or rejection.
SECTION i. Be Il snseted by the GEN
eyaI dsssmbly Of Maryland, Three.
hfths Of all members elected 10 each Of
the two Houses eoncurring), That the
following section be and the same is
hereby proposed as an amendment TO
Section 40A Of Article ) Of the Con.
stitution Of Maryland, title Legislative
Department, subtitle Eminent Do
main, the same, il adopted by the legal
and qualified voters of the State as here
in provided, to become Section 40A Of
Article , Of the Constitution Of Mary
land.
4oA. Same-Baltimore City IL and
4 Montgomery County.
The General Assembly shall enact no
law authorizing private property TO be
taken for public use without just Com.
pensation, to be agreed upon between
the parties, or awarded BY . jury, being
FIRST paid or rendered to the party en-
titled to such Compensation, but where
City and Is desired By this State or By
4 the Mayor and City Council of Bait.
more, the General Assembly may pro
vide for the appointments Of appraisers