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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 742   View pdf image (33K)
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742
Sec. 22. Where any Term is held, or trial conducted by
less than the whole number of said Circuit Judges, upon the
decision, or determination of any point, or question, by the
Court, it shall be competent to the party, against whom the
ruling, or decision is made, upon motion, to have the point,
or question reserved for the consideration of the three Judges
of the Circuit, who shall constitute a Court in banc for such
purpose; and the motion for such reservation shall be entered
of record during the sitting at which such decision may be
made; and the several Circuit Courts shall regulate, by
Rules, the mode and manner of presenting such points, or
questions to the Court in banc, and the decision of the said
Court in banc shall be the effective decision in the premises,
and conclusive, as against the party, at whose motion said
points, or questions were reserved; but such decision in banc
shall not preclude the right of Appeal, or Writ of Error to
the adverse party, in those cases, civil or criminal, iu which
Appeal, or Writ of Error to the Court of Appeals may be al-
lowed by Law. The right of having questions reserved,
shall not, however, apply to trials of Appeals from judgments
of Justices of the Peace, nor to criminal cases below the grade
of felony, except when the punishment is confinement in the
Penitentiary; and this Section shall be subject to such pro-
visions as may hereafter be made by Law.
Sec. 23. The Judges of the respective Circuit Courts of
this State, and of the Courts of Baltimore City, shall render
their decisions, in all cases, argued before them, or submit-
ted for their judgment, within two months after the same
shall have been so argued or submitted.
Sec. 24. The salary of each Chief Judge, and of the Judge
of the Court of Appeals from the City of Baltimore, shall be
three thousand five hundred dollars, and of each Associate
Judge of the Circuit Court, shall be two thousand eight hun-
dred dollars per annum, payable quarterly, and shall not be
diminished during his continuance in office.
Sec. 25. There shall be a Clerk of the Circuit Court for each
County, who shall be elected by a plurality of the qualified
voters of said County, and shall hold his office for six years
from the time of his election, and until his successor is elected
and qualified, and be re-eligible, subject to be removed for
wilful neglect of duty, or other misdemeanor in office, on con-
viction in a Court of Law. In case of a vacancy in the office
of Clerk of a Circuit Court, the Judges of said Court shall
have power to fill such vacancy until the general election for
Delegates to the General Assembly, to be held next thereaf-
ter, when a successor shall be elected for the term of six,
years.
Sec. 26. The said Clerks shall appoint, subject to the con-


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 742   View pdf image (33K)
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