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Maryland Manual, 1918-19
Volume 129, Page 49   View pdf image (33K)
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(ART. IV.) CONSTITUTION. 49

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
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-
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. Wagua, 76 Md., 335.

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.

Crawford vs. Crawford, 22 Md., 477. Curtis Estate vs. Piersol, 117
Md.

SEC. 8. The parties to any cause may submit the same to
the court for determination without the aid of a jury and in
all suits or actions at law, issues from the Orphans' Court or
from any court sitting in equity, and in all cases of present-
ments or indictments for offences which are or may be pun-
ishable by death pending in any of the courts of law of this
State having jurisdiction thereof, upon suggestion in writing
under oath of either of the parties to said proceedings, that
such party can not have a fair and impartial trial in the court
in which the same may be pending, the said court shall order
and direct the record of proceedings in such suit or action,
issue, presentment or indictment, to be transmitted to some
other court having jurisdiction in such case, for trial; but in
all other cases of presentment or indictment pending in any
of the courts of law in this State having jurisdiction thereof,
in addition to the suggestion in writing of either, of the par-

*Thus amended by Act of 1860, Chapter 417, ratified by the people at No-
vember election, 1881.

 

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Maryland Manual, 1918-19
Volume 129, Page 49   View pdf image (33K)
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