46 MARYLAND MANUAL. [ART. IV,
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a successor shall be elected, whose tenure of office shall be
the same, as hereinbefore provided; but if the vacancy shall
occur in the city of Baltimore, the time of election shall be
the fourth Wednesday in October following.
[SEC. 5. After the election for judges, as hereinbefore pro- |
Election of
Judges. |
vided, there shall be held in this State, in every fifteenth
year thereafter, on the Tuesday after the first Monday in
November of such year, an election for judges as herein pro- |
Appointment
by Gov-
ernor. |
vided ; and in case of death, resignation, removal or disquali-
fication by reason of age or otherwise of any judge, the Gov-
ernor shall appoint a person duly qualified to fill said office,
who shall hold the same until the next general election for
members of the General Assembly, when a successor shall be
elected, whose term of office shall be the same as hereinbe-
fore provided, and upon the expiration of the term of
fifteen years for which any judge may be elected to fill a
vacancy, an election for his successor shall take place at the
next general election for members of the General Assembly
to occur upon or after the expiration of his said term; and
the Governor shall appoint a person duly qualified to hold
said office from the expiration of such term of fifteen years
until the election and qualification of his successor.]*
SEC. 6. All judges shall, by virtue of their offices be con- |
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Duties. |
servators of the peace throughout the State, and no fees, or
perquisites, commission or reward of any kind, shall be
allowed to any judge in this State, besides his annual salary,
for the discharge of any judicial duty.
Ex parte O'Neill, 8 Md., 227. State v. Glenn, 54 Md., 572. Sev-
insky v. Wagus, 76 Md., 835.
SEC. 7. No judge shall sit in any case wherein he may be |
Disqualifica-
tions.
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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.
Crawford v. Crawford, 22 Md., 447.
SEC. 8. The parties to any cause may submit the same to
the court for determination, without the aid of a jury; and
the judge, or judges of any court of this State, except the
Court of Appeals, shall order and direct the record of pro-
ceedings in any suit or action, issue or petition, present-
ment or indictment, pending in such court, to be trans-
mitted to some other court (and of a different circuit, if the
"Thus amended by Act of 1860, Chapter 417, ratified by the people at
November election. 1881. |
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