46 MARYLAND MANUAL. [ART. IV.
ARTICLE IV.
JUDICIARY DEPARTMENT.
Part I—General Provisions.
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Courts. |
SECTION 1. The judicial power of this State shall be vested
in a Court of Appeals, Circuit Courts, Orphans' Courts, such
Courts for the city of Baltimore as are hereinafter provided
for, and Justices of the Peace; all said Courts shall be Courts |
Justices of
the Peace. |
of Record, and each shall have a seal to be used in the authen-
tication of all process issuing therefrom. The process and
official character of Justices of the Peace shall be authenti-
cated as hath heretofore been practiced in this State, or may
hereafter be prescribed by law.
Ex parte O'Neil, 8 Md., 227. Shafer vs. Mumma, 17 Md., 331.
SEC. 2. The judges of all of the said courts shall be citi- |
Qualifications
of Judges. |
zens of the State of Maryland, and qualified voters under this
Constitution, and shall have resided therein not less than five
years, and not less than six months next preceding their elec-
tion or appointment in the judicial circuit, as the case may be,
for which they may be respectively elected or appointed. They
shall be not less than thirty years of age at the time of their
election or appointment, and shall be selected from those who
have been admitted to practice law in this State, and who are
most distinguished for integrity, wisdom and sound legal
knowledge.
Holt vs. Tennallytown, &c., R, Co., 81 Md., 219. |
Election of
Judges. |
SEC. 3. The judges of the said several courts shall be elect-
ed in the counties by the qualified voters in their respective
judicial circuits as hereinafter provided, at the general elec-
tion to be held on the Tuesday after the first Monday in No-
vember next, and in the city of Baltimore, on the fourth Wed- |
Terms of
office. |
nesday of October next. Each of the said judges shall hold
his office for the term of fifteen years from the time of his elec-
tion, and until his successor is elected and qualified, or until
he shall have attained the age of seventy years, whichever may
first happen, and be re-eligible thereto until he shall have at-
tained the age of seventy years, and not after; but in case of
any judge who shall attain the age of seventy years whilst in
office, such judge may be continued in office by the General
Assembly for such further time as they may think fit, not to
exceed the term for which he was elected, by a resolution to |
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Retirement |
be passed at the session next preceding his attaining said age.
In case of the inability of any of said judges to discharge his
duties with efficiency, by reason of continued sickness, or of |
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