The Republican. [volume] (Oakland, Md.) 1877-current, 1960-10-27

Of said office shall, in like manner and
for The same infry9ai, deuolec. mfon The
C9mHroHey Of The STATE, AT THE
RED; aud IN case there be no ComfHol-
Ter of the State, or in the case Of his
refusal TO SeyTe, and in the case OF his
death, resignation, rcmoadl from the
State or other disqualification 5cliie dis
eyHor, tEcH the duties of said office shall.
IN like manner and for the same internal
dev0i1e RPon the attorney Genera! ot
The State, AT THE TINE 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. Ind be it 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
q 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 print
ed tile 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 a.
matter added to eristing lac.
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
Gal CIRcUiT, RELATiNG 70
THE ELIGIBILITY OF MEM
BERS OF THE GENERAL AS
SEMBLY FOR THE OFFICE OF
JUDGE, AND SUBMITTING THIS
FLED VOTERS OF THE STATE
FOR ADOPTION OR REJECTION.
SECTION /. Be it enacted BY the Cen
erdI Assembly of Maryland, (three-ffths
of all members elected to each of the
the two Houses concurring), That the
following Section be and the same is
hereby proposed as an amendment to
Section p of Article " of the Consti-
tuition Of Maryland, title Judiciary De-
partment", subtitle Part III-Circuit
Courts, the same, if adopted by the
legal and qualified voters of the State
as herein provided, to become Section
q 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
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 APP
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 TO 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 Icrcuitsl 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 may 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 or 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 condition or by
reason of an equal vote for two or more
candidates 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
new election for such untitled office or
Offices. From and after December /,
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
filled as provided in Section S of this
1850 there shall be NOT less than fve
Judges resident III Montgomery County.
notwithstanding any other provision
Of this Article the Vacancies in Anne
Arundel, Baltimore and St. Mary's
ty created by the adoption of this
amendment shall not be filed by appoint
ment as provided in Section S of this
Article, but at the first biennial general
election for Representatives in Congress,
after the adoption of this amendment a
judge shall be elected by the qualified
voters of EAnne Arundel, Baltimore and
St. Mary's Counties, respectively
Montgomery County to fill such vacancy
in TeachI such county. Amy other va
cancy in the office of Judge of the Cir
cult Court for LAnne Arundel, Balti-
mere, and ST. Mary's Countiesi Mont
e0Diery County AND ANY VACANCY
IN THE SECOND JUDICIAL CIR
QUIT shall be filled as provided in
Sections 8 and of this Article, EX-
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-
scribed or may hereafter be prescribed
by rules or regulations by the Court of
Appeals or otherwise by law. One Judge
in each of she 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