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Volume 664, Page 229   View pdf image (33K)
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APPENDIX TO COMPARISON OF CONSTITUTIONS

every case an opinion, in writing, shall be

for any of the eight circuits or for any of

filed within three months after the argu-

the counties may be or may have been

ment, or submission of the cause; ....

increased or decreased by the General

Sec. 16. Provision shall be made by
Law for publishing Reports of all causes,
argued and determined in the Court of
Appeals and in the intermediate courts of
appeal, which the judges thereof, respec-

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 member-
ship in such General Assembly.

tively, shall designate as proper for pub-

In the event and to the extent of any

lication.

inconsistency between the provisions of any


section amended or added by these amend-

Sec. 21..... Notwithstanding any other

mends and any of the other provisions of

provision of this Article the vacancy in

this Constitution or the provisions of any

Montgomery County qreated by the adoption

existing law, the provisions of the sections

of this amendment shall not be filled by

amended or added shall prevail, and such

appointment as provided in Section 5 of this

other provisions shall be repealed or abro-

Article, but at the first biennial general

gated to the extent of such inconsistency,

election for Representatives in Congress,

except Section 35A of Article III of this

after the adoption of this amendment a

Constitution; provided, however, that in the

judge shall be elected by the qualified

event of any inconsistency between the pro-

voters of Montgomery County to fill such

visions of the sections thus amended or

vacancy in such county. Any other vacancy

added and any of the other provisions of the

in the office of Judge of the Circuit Court

sections thus amended or added and any

for Montgomery County and any vacancy

of the other provisions of this Constitution

in the second judicial circuit shall be filled

as amended by any other amendments which

as provided in Sections 3 and 5 of this

may be adopted at the same time or times

Article, except that the person initially

as these amendments, i.e. at the election held

appointed to fill the vacancy in the second

in November, 1944, or at the election held

judicial circuit shall be a resident of Kent

in November, 1954, or at the election held

County.

in November, 1960, the changes made by

The said judges shall hold such terms of
the Circuit Court in each of the counties

these amendments and all such other amend-
ments to this Constitution shall all be given
effect.

composing their respective circuits, at such


times as are now prescribed or may here-

Sec. 22. Where any Term is held, or

after be prescribed by rules or regulations

trial conducted by less than the whole num-

by the Court of Appeals or otherwise by law.

ber of said Circuit Judges, upon the de-

One judge in each of the first seven circuits

cision, or determination of any point, or

shall constitute a quorum for the transaction

question, by the Court, it shall be compe-

of any business; and the said judges, or any

tent to the party, against whom the ruling

of them, may hold special terms of their

or decision is made, upon motion, to have

Courts, when in their discretion, the busi-

the point, or question reserved for the con-

ness of the several counties renders such

sideration of the three Judges of the Cir-

terms necessary.

cuit, who shall constitute a court in bane

All provisions of the Constitution of Mary-

for such purpose; and the motion for such

land and all Acts of the General Assembly

reservation shall be entered of record, dur-

relating to the Court of Appeals or any

ing the sitting, at which such decision may

other courts, and all rules heretofore

be made; and the several Circuit Courts

adopted by the Court of Appeals, not incon-

shall regulate, by rules, the mode and man-

sistent with the provisions of the sections

ner of presenting such points, or questions

amended or added by this amendment, shall

to the court in bane, and the decision of

remain in full force and effect unless and

the said Court in bane shall be the effective

until amended or repealed by proper

decision in the premises, and conclusive, as

authority. All salaries now prescribed by

against the party, at whose motion said

law for associate judges of the Circuit Courts

points, or questions were reserved; but such

shall continue to apply to all judges (includ-

decision in bane shall not preclude the right

ing chief judges) of the Circuit Court. No

of Appeal, or writ of error to the adverse

member of the General Assembly at which

party, in those cases, civil or criminal, in

either of these amendments was proposed,

which appeal, or writ of error to the Court

or at which the number or salary of judges

of Appeals may be allowed by Law. The

229


 

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