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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 429   View pdf image (33K)
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THE CONSTITUTION OF 1851

Anne's, Talbot, Caroline, Dorchester,
Somerset and Worcester, shall compose
the fourth district. And one person from
among those learned in the law, having
been admitted to practice in this State,
and who shall have been a citizen of
this State at least five years, and above
the age of thirty years at the time of his
election, and a resident of the judicial
district, shall be elected from each of
said districts by the legal and qualified
voters therein, as a judge of the said
Court of Appeals, who shall hold his
office for the term of ten years from the
time of his election, or until he shall
have attained the age of seventy years,
which ever may first happen, and be
re-eligible thereto until he shall have at-
tained the age of seventy years, and not
after, subject to removal for incompe-
tency, wilful neglect of duty or mis-
behaviour in office, on conviction in a
court of law, or by the Governor upon
the address of the General Assembly,
two-thirds of the members of each House
concurring in such address; and the sal-
ary of each of the Judges of the Court of
Appeals shall be two thousand five hun-
dred dollars annually, and shall not be
increased or diminished during their
continuance in office; and no fees or
perquisites of any kind, shall be allowed
by law to any of the said judges.
Sec. 5. No Judge of the Court of
Appeals 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 de-
grees as may be prescribed by law, or
when he shall have been of counsel in
said case; when the Court of Appeals,
or any of its members shall be thus dis-
qualified to hear and determine any
case or cases in said 'court, so that by
reason thereof no judgment can be ren-
dered in said court, the same shall be
certified to the Governor of the State,

who shall immediately commission the
requisite number of persons learned in
the law for the trial and determination
of said case or cases. Sec. 6, AH Judges of the Court of
Appeals, of the Circuit Courts, and of
the Courts for the city of Baltimore,
shall, by virtue of their offices, be con-
servators of the peace throughout the
State. Sec. 7. All public commissions and
grants shall run thus: "The State of
Maryland," &c., and shall be signed by
the Governor, with the seal of the State
annexed; all writs and process shall run
in the same style, and be tested, sealed
and signed as usual; and all indictments
shall conclude "against the peace, gov-
ernment and dignity of the State." Sec. 8. The State shall be divided into
eight Judicial Circuits, in manner and
form following, to wit: St. Mary's,
Charles and Prince George's counties
shall be the first; Anne Arundel, How-
ard, Galvert and Montgomery counties
shall be the second; Frederick and Car-
roll counties shall be the third; Wash-
ington and Allegany counties shall be
the fourth; Baltimore city shall be the
fifth; Baltimore, Harford and Cecil
counties shall be the sixth; Kent, Queen
Anne's, Talbot and Caroline counties
shall be the seventh; and Dorchester,
Somerset and Worcester counties shall
be the eighth; and there shall be elected
as hereinafter directed for each of the
said Judicial Circuits, except the fifth,
one person from among those learned in
the law, having been admitted to prac-
tice in this State, and who shall have
been a citizen of this State at least five
years, and above the age of thirty years
at the time of his election, and a resident
of the Judicial Circuit to be Judge there-
of; the said Judges shall be styled Circuit
429

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 429   View pdf image (33K)
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