Sec. 7. No Judge 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 now are or may hereafter be prescribed by
law, or where he shall have been of counsel
in the case.
Sec. 8. The general assembly shall provide
for the trial of causes in case of the disquali-
fication of the judge of the superior court of
Baltimore city, the court of common pleas,
the circuit court of Baltimore city, and the
criminal court of Baltimore, and also in case
of the disqualification of any judge of other
circuit courts of this State, to hear and deter-
mine the same, but in case of such disqualifi-
caition, the parties thereto may, by consent,
appoint a person to try the same; and the
parties to any cause may submit the same to
the court for determination without the aid
of a jury.
Sec. 9, The judge or judges of any court of
this State, except the court of appeals, shall
order and direct the record of proceedings in
any suit or action, issue or petition, present-
ment or indictment pending in such court, to
be transmitted to some other court in the
same or any adjoining circuit having juris-
diction in such cases, whenever any party to
such cause, or the counsel of any party shall
make it satisfactorily appear to the court that
'such party cannot have a fair and impartial
trial in the court in which such suit or action,
issue or petition, presentment or indictment
is pending; and the general assembly shall
make such modifications of existing law as
may be necessary to regulate and give force
to this provision.
Sec. 10. The judge or judges of any court
may appoint such officers for their respective
courts, as may be found necessary, and it
shall be the duty of the general assembly to
prescribe by law a fixed compensation for all
such officers.
See. 11. Every person being a citizen of the
United States shall be permitted to appear to
and try his own case in all the courts of this
State.
Sec. 12. Any person who shall, after this
constitution shall have gone into effect, detain
in slavery any person emancipated by the
provisions of this constitution, shall on con-
viction, be fined not less than five hundred
dollars nor more than five thousand dollars
or be imprisoned not more than five years ;
and any of the judges of this State shall dis-
charge, on habeas corpus, any person so de-
tained in slavery.
Sec. 13. The clerks of the several courts
created or continued by this constitution,
shall have charge and custody of the records
and other papers; shall perform all the duties
and be allowed the fees which appertain to
their several offices as the same now are or may
hereafter be regulated by law, |
Sec. 14 A 11 elections of judges, and other
officers, provided for by this constitution,
State's attorneys excepted, shall be certified
and the returns made by the clerks of the re-
spective counties to the governor, who shall
issue commissions to the different persons for
the offices to which they shall have been re-
spectively elected: and in all such elections,
the person having the greatest number of
votes shall be declared to be elected.
Sec. 15. If in any case of election for
judges, clerks of the courts of law, and regis-
ters of wills, the opposing candidates shall
have an equal number of votes, it shall be the
duty of the governor to order a new election ;
and in case of any contested election, the
governor shall send the returns to the house
of delegates, who shall judge of the election
and qualification of the candidates at such
election.
Sec. 16. 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 usual: and all
indictments shall conclude" against the peace,
government and dignity of the State."
Part 11.—Court of Appeals.
Sec. 17. The court of appeals shall consist
of a chief justice and four associate justices,
and for their selection the State shall be di-
vided into five judicial districts, as follows,
viz: Worcester, Somerset, Dorchester, Tail-
hot, Caroline, Queen Anne, Kent, and Cecil
counties shall compose the first district; Har-
ford and Baltimore counties, and the first
seven wards of Baltimore city, shall compose
the second district; Baltimore city, except
the first seven wards, shall compose the third
district; Allegany, Washington, Frederick,
Howard and Carroll counties, shall compose
the fourth district; St, Mary's, Charles, Anne
Arundel, Calvert, Prince George's and Mont-
gomery counties, shall compose the fifth dis-
trict, and one of the justices of the court of
appeals shall be elected from each of said
districts, by the qualified voters of the whole
State. The present chief justice and associate
justices of the court of appeals shall continue
to act as such until the expiration of the term
for which they were respectively elected, and
until their successors are elected and qualified ;
and an election for a justice of the court of
appeals, to be taken from the fourth judicial
district, shall be held on the Tuesday next
after the first Monday in the month of No-
vember, eighteen hundred and sixty-four.
Sec. 18. The court of appeals shall hold its
sessions in the city of Annapolis, on the first
Monday in April and the first Monday of Oc-
tober, of each and every year, or at such
other times as the general assembly may by
law direct, and it shall be competent for the
justices of said court, sufficient cause appear- |
