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


oscurr or olVHeys thereof or into court,
such amount as an appraiser APPOINTED
By a Court of Record shall estimate to
be the fair market Talue Of such prop
cure the Payment OF any tWfher sum
that may snbscq1ily be a5gdrded by a
jnry. THIS SECTION SHALL NOT
APPLY IN MONTGOMERY COUN-
TY IF THE PROPERTY ACTUALLY
TO BE TAKEN INCLUDES. BUILD
INGS OR IMPROVEMENTS.
SEC. 2. ind be it 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 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 Constitu-
tonal 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 Il of the Con-
stituton, and further proceedings had
in accordance with said Article IA.
EXPLANATION: Italics indicate neSU
matter added to existing Id50.
IBracketsl indicate matter stricken
from existing law.
CAPITALS indicate amendments to
bill.
CHAPTER NO. 642
AN ACT to propose an amendment to
Section 21 of Article of the Con-
stituton of Maryland, title Judiciary
Department." subtitle Part III
Circuit. Courts, Increasing the mum
Der of Judges in Prince Georges
County. RELATING TO THE ELL
GIBILITY OF MEMBERS OF THE
GENERAL ASSEMBLY FOR THE
OFFICE OF JUDGE, and correct
ing an error in and removing obsolete
language from said section and sub.
hitting this amendment TO the qualified
voters of the State for adoption or
rejection.
SECTION l. Be it enacted BY the Gem
eraI Assembly of Maryland, (Three-
ffths of all Members elected TO each of
the two Houses concurring), That the
following section be and the same is
hereby proposed as an amendment TO
Section 21 of Article OF the Constitu-
tion of Maryland, title Judiciary De-
partment", subtitle Part III-CiTcuit
Courts, the same if adopted by the legal
and qualified voters of the State as here
in provided, TO become Section 81 of
Article of the Constitution of Mary
land:
p. From and after January l, 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
appointed as herein provided. The NUM-
Der 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 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 circuits there shall never be
less than three for each circuit. The
senior judge i'll length Of service shall
be the chief judge of the circuit; the
other judge or judges shall be associate
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 can
didates 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
i'll 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 number
OF judges from said county, and also
the candidate or candidates residing i'll
some other county, and not similarly dis
qualified, who shall have the next high
est number of votes in said election. If,
by reason of such condition or by rea-
son OF an equal vote for two or more
candidates 4 sufficient number of judges
duly qualified as 10 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
offices. From and after December /,
1854, there shall be not less than three
judges resident in Montgomery County
and not less than two judges resident in
Anne Arundel County, land in Prince
Georges County,l and not less than three
judges resident in Baltimore County.
From aud after December I. 1860, there
shall be not less than FOUR judges
resident III Prince Georges County.
THE vacancies in Garrett, Montgomery,
and Prince Georges County created by
the adoption of this amendment shall be
filed as provided in Section of this
Article.
Notwithstanding any other provision
of this article the vacancies in Anne
Arundel, Baltimore, and St. Mary's
amendment shall not be filled by appoint
rnent as provided in Section 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 Anne Arundel, Baltimore, and
St. Mary's Counties, respectively, to
fill such vacancy in each county. Any
other vacancy i'll the office of Judge of
the Circuit Court for Anne Arundel,
Baltimore, and ST. Mary's Counties shall
be filled as provided in Section and 5
of this article.l
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 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
renders such terms necessary.
All provisions of the Constitution of
Maryland and all Acts of the General
Assembly relating TO the Court of APP
peals or any other courts, and all rules
heretofore adopted by the Court of Ap-
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.
ed or repealed by proper authority. All
salaries now prescribed by law for as
sociate judges of the Circuit Courts
shall continue to apply to all judges
(including chief judges of the Circuit
Court. No member of the General AS
sembly at which either of these amend
ments was proposed, or at (Which the
Number OR SALARY of judges for
any of the EIGHT circuits or for any
of the counties may be OR MAY HAVE
BEEN increased or decreased by the
General assembly from time to time, if
otherwise qualified, shall be ineligible
for appointment or election as Judge of
the Court of Appeals or any other court
by reason of his membership in such
General Assembly.
In the event and to the extent of any
inconsistency Between the provisions Of
any section amended or added by these
amendments and any of the other prov-
sons of this Constitution or the provi-
sions of any existing law, the provisions
of the sections amended or added shall
prevail, and such OTHER PROVI-
SIONS SHALL BE REPEALED OR
ABROGATED 10 the extent of Slfch in