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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 739   View pdf image (33K)
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739
contested election, the Governor shall send the returns to the
House of Delegates, which shall judge of the election and
qualification of the candidates at such election; and if the
judgment shall be against the one who has been returned
elected, or the one who has been commissioned by the Gov-
ernor, the House of Delegates shall order a new election
within thirty days.
Sec. 13. All Public Commissions and Grants shall run
thus : "The State of Maryland, &c.:" and shall be signed by
the Governor, with the seal of the State annexed; all writs
and process shall run in the same style, and be tested, sealed
and signed, as heretofore, or as may hereafter be provided by
Law; and all indictments shall conclude, "against the peace
government and dignity of the State."
PART II—COURT OF APPEALS
Sec. 14. The Court of Appeals shall be composed of the
Chief Judges of the first seven of the several Judicial Circuits
of the State, and a Judge from the City of Baltimore
specially elected thereto, one of whom shall be designated by
the Governor, by and with the advice and consent of the
Senate, as the Chief Judge. And in all cases, until action by
the Senate can be had, the Judge so designated by the Gov-
ernor, shall act as Chief Judge. The Judge of the Court of
Appeals from the City of Baltimore shall be elected by the
qualified voters of said city, at the election of Judges to be
held therein as hereinbefore provided, and in addition to his
duties, as Judge of the Court of Appeals, shall perform such,
other duties as the General Assembly shall prescribe. The
jurisdiction of said Court of Appeals shall be co-extensive
with the limits of the State, and such as now is, or may here-
after he prescribed by Law. It shall hold its sessions in the
city of Annapolis, on the first Monday in April, and the first
Monday in October, of each and every year, or at such other
times as the General Assembly may by Law direct. Its ses-
sions shall continue not less than ten months in the year if
the business before it shall so require; and it shall be com-
petent for the Judges temporarily to transfer their sittings
elsewhere, upon sumcieut cause.
Sec. 15. Four of said Judges shall constitute a quorum no
cause shall be decided without the concurrence of at least three-
but the Judge who heard the cause below, shall not partici-
pate in the decision; in every case an opinion, in writing
shall be filed within three months after the argument or sub-
mission of the cause; and the judgment of the Court shall be
final and conclusive; and all cases shall stand for hearing at
the first term after the transmission of the Record.
Sec. 16. Provision shall be made by Law for publishing


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 739   View pdf image (33K)
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