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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1892   View pdf image (33K)
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1892
ing to them, temporarily to transfer their sit-
tings elsewhere.
Sec. 19. The jurisdiction of the court of
appeal? shall he co-extensive with the limits
of the State, and such as now is or may here-
after be prescribed for it by law, and its ses-
sions shall continue for not less than ten
months in the year, if the business before it
shall so require.
Sec. 20. Any three of the justices of the
court of appeals may constitute a quorum,
hut no cause shall be decided without the
concurrence of at least three justices in the
decision; and in every case decided an opin-
ion in writing shall be filed within three
months after the argument or submission of
the cause, and the judgment of the court
shall be final and conclusive.
Sec. 21. The salary of the justices of the
court of appeals shall be three thousand dol-
lars each per annum, payable quarterly.
Sec. 22. Provision shall be made by law
for publishing reports of all causes argued and
determined in the court of appeals, which the
justices shall designate as proper for publication.
Sec. 23. The court of appeals shall appoint
its own clerk, who shall hold his office for
six years, and may be re-appointed at the end
thereof; he shall be subject to removal by the
said court for incompetency, neglect of duty,
misdemeanor in office, or such other cause or
causes as may be prescribed by law.
Part III.—Circuit Courts.
Bee. 24. The State shall be divided into
thirteen judicial circuits, in manner follow-
ing: The counties of St. Mary's and diaries
shall constitute the first circuit; the counties
of Anne Arundel and Calvert, the second;
the counties of Prince George's and Montgomery,
the third, the county of Frederick,
the fourth; the county of Washington, the
fifth; the county of Allegany, the sixth; the
counties of Carroll and Howard, the seventh ;
the county of Baltimore, the eighth; the
counties of Harford and Cecil, the ninth; the
counties of Kent and Queen Anne's, the tenth ;
the counties of Talbot and Caroline, the
eleventh; the counties of Dorchester, Somer-
set and Worcester, the twelfth; and the city
of Baltimore, the thirteenth.
Sec. 25. One court shall be held in each
county of the State; the said courts shall be
called circuit courts for the county in which
they may be held, and shall halve and exercise
all the power, authority and jurisdiction,
original and appellate, which the present cir-
cuit courts of this State now have and exer-
cise, or which may hereafter be proscribed by
law.
Sec. 26. For each circuit (the thirteenth
excepted) there shall be one judge, who shall
be styled circuit judge, who, during his term
of office, shall reside in one of the counties
composing the circuit for which he may be
elected; the said judges shall hold a term of
their courts in each of the counties composing
their respective circuits at such times as now are
or may hereafter be fixed by law, such terms
to be never less than two in each year in each
county; special terms may be held by said
judges in their discretion, whenever the busi-
ness of their several counties renders such
terms necessary.
Sec.. 27. The present judges of the circuit
courts shall continue to act as judges of the
respective circuit courts within the judicial
circuits in which they respectively reside,
until the expiration of the term for which they
were respectively elected) and until their suc-
cessors are elected and qualified, viz: the
present judges of the first, second, third,
fourth, sixth and eighth judicial circuits, as
organized at the time of the adoption of this
constitution, shall continue to act as judges
respectively of the first, second, fourth, fifth,
ninth and twelfth judicial circuits, as organ-
ized under this constitution; and an election
tor judges of the third, sixth, seventh, eighth,
lentil and eleventh judicial circuits shall be
held en the Tuesday next after the first Mon-
day in the month of November, in the year
eighteen hundred and sixty-four.
Sec. 28. The salary of each judge of the
circuit court shall be twenty-five hundred
dollars per annum, payable quarterly, and
shall not be increased or diminished during
his continuance in office.
Sec. 29. There shall be a clerk of the cir-
cuit court for each county, who shall be elected
by a plurality of the qualified voters of said
county; he shall hold his office for the term
of six years from the time of his election, and
until a new election is held and his successor
duly qualified; he shall be re-eligible at the
end of his term, and shall at any time besub-
ject to removal for wilful neglect of duty, or
other misdemeanor in office, on conviction in
a court of law. In the event of any vacancy
in the office of the clerk of any of the circuit
courts, said vacancy shall be filled by the
judge of said circuit in which said vacancy
occurs, until the next general election for
county officers, when a clerk of said circuit
court shall be elected to serve for six years
thereafter.
Sec. 30. The judges of the respective cir-
cuit courts of this State, and of the courts of
Baltimore city, shall render their decisions in
all cases argued before them, or submitted for
their judgment, within two months after the
same shall have been so argued or submitted.
Part IV.—Courts of Baltimore City.
Sec. 31. There shall be in the thirteenth
judicial circuit four courts, to be styled the
superior court of Baltimore city; the court
of common pleas; the circuit court of Balti-
more city; and the criminal court of Balti-
more; each court shall consist of one judge,
who shall be elected by the legal and qualified


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1892   View pdf image (33K)
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