ART. IV.] CONSTITUTION. 47
cessor 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-
vided, there shall be held in this State, in every fifteenth year
thereafter, on the Tuesday after the first Monday in Novem-
ber of such year, an election for judges as herein provided;
and in case of death, resignation, removal or disqualification |
Election of
Judges. |
by reason of age or otherwise of any judge, the Governor 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 hereinbefore pro-
vided, and upon the expiration of the term of fifteen years
for which any judge may be elected to fill a vacancy, an elec-
tion for his successor shall take place at the next general elec-
tion 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 ex-
piration 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- |
Appointment
by Gov-
ernor. |
servators of the peace throughout the State; and no fees, or
perquisites, commission or reward of any kind) shall be al-
lowed 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 vs. Glenn, 54 Md., 572. Sev-
insky vs. Wagus, 76 Md., 335.
SEC. 7. No judge shall sit in any case wherein he may be |
Duties. |
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 vs. 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, presentment
or indictment, pending in such court, to be transmitted to
some other court (and of a different circuit, if the party ap-
*Thus amended by Act of 1860, Chapter 417, ratified by the people at
November election, 1881. |
Disqualifica-
tions. |
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