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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 262   View pdf image
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262

end thereof; he shall be subject to removal by the said court for
incompetency, neglect of duty, rnisdemearnor in office, and such
other causes as nay be prescribed by law.

Sec. 5. The State shall be divided into three Judicial Districts,
one on the Eastern and two on the Western Shore, which said dis
tricts shall be laid off as the Gubernatorial Districts are, and one
person from among those learneml in the law, having been admitted
to practice the law in this State, and who shall have been a citizen
of this State at least five years, and above the age of thirty years at
the time of his election, and a resident of the judicial district, shall
be elected from each of said districts by a plurality vote of the legal
and qualified voter's therein, as a judge of the said Court of Ap.
peals, who shall hold his office for the term of ten years from the
time of his election, or until he shall have attained the age of sev
enty years, which ever may first happen, and be re-eligible thereto
until he shall have attained the age of seventy years, and not af
ter, subject to removal for incompetency, wilful neglect of duty,
misdemeanor in office, and such other causes as may be prescribed
by law, by presentment of the Grand Jury and conviction of a
petit jury of the county in which he may reside, or by the Gover
nor upon the address of the General Assembly, two-thirds of the
members of each house concurring in such address. The salaries
of the judges of the Court of Appeals shall be two thousand flve
hundreddollars annually, and shall not be diminished during their
continuance in office.

Sec. 6. The Legislature may hereafter, should the public con
venience require it, increase the number of judges of the Court of
Appeals to five, in which event, a new division of the State into
five judicial districts shall be made in such manner as to secure
two to the Eastern and three to the Western Shore.

Sec. 7. No judge of the Court of Appeals shall sit in any case
wherein he may be interested, or where either of the parties may
be connected with him by affinity or consanguinity within such
degrees as may be prescribed by law, or where he shall have been
of counsel in the cause. When the Court oc Appeals, or any two
of its members shall be thus disqualified to hear and determine any
cause or causes in said court, or when no judgment can be render
ed in any case or cases in said court, by reason of the equal division
of opinion of said judges, the same shall be certified to the Gov
ornorof the State, who shall immediately commission the requi
site number of persons learned in the law for the trial and deter
mination of said case or cases.

Sec. S. All judges of the Court of Appeals, of the county
courts, and of the courts for the city of Baltimore, shall by virtue
of their offices, be consemvators of the peace throughout the State.
The style of all laws shall run thus "Be it enacted by the General
Assembly of Maryland," all public commissions and grants thus:

"The State of Maryland, &c.;" and shall be signed by the Gover
nor, with the seal of the State annexed; all writs and process shall
run in the same style, and be sealed and signed as usual, and all


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 262   View pdf image
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