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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 434   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

after which the said offices of Chancellor
and Register shall be abolished. The
Legislature shall, in the mean time, pro-
vide by law for the recording, safe-
keeping, or other disposition, of the rec-
ords, decrees, and other proceedings of
the Court of Chancery, and for the copy-
ing and attestation thereof, and for the
custody and use of the Great Seal of the
State, when required, after the expira-
tion of the said two years, and for trans-
mitting to the said counties, and to the
city of Baltimore, all the cases and pro-
ceedings in said Court then undisposed
of and unfinished, in such manner, and
under such regulations as may be deemed
necessary and proper: Provided, that
no new business shall originate in the
said Court, nor shall any cause be re-
moved to the same from any other court,
from and after the ratification of this
Constitution.
Sec. 24. The first election of Judges,
Clerks, Registers of Wills, and all other
officers, whose election by the people is
provided for in this article of the Con-
stiution, except justices of the peace and
constables, shall take place throughout
the State on the first Wednesday of
November next after the ratification of
this Constitution by the people.
Sec. 25. In case of the death, resig-
nation, removal, or other disqualifica-
tion of a judge of any of the courts of
law, the Governor, by and with the
advice and consent of the Senate, shall
thereupon appoint a person, duly quali-
fied, to fill said office until the next
general election for delegates thereafter;
at which time an election shall be held
as hereinbefore prescribed, for a judge,
who shall hold the said office for ten
years, according to the provisions of this
Constitution.
Sec, 26. In case of the death, resigna-
tion, removal, or other disqualification
434

of the judge of an Orphans' Court, the
vacancy shall be filled by the appoint-
ment of the Governor, by and with the
advice and consent of the Senate. Sec. 27. Whenever lands lie partly in
one county, and partly in another, or
partly in a county and partly in the city
of Baltimore, or whenever persons proper
to be made defendants to proceedings in
Chancery, reside some in one county and
some in another, that court shall have
jurisdiction in which proceedings shall
have been first commenced, subject to
such rules, regulations and alterations
as may be prescribed by law. Sec. 28. In all suits or actions at law,
issues from the Orphans' Court or from
any court sitting in equity, in petitions
for freedom, and in all presentments and
indictments now pending, or which may
be pending at the time of the adoption
of this Constitution by the people, or
which may be hereafter instituted in any
of the courts of law of this State, having
jurisdiction thereof, the judge or judges
thereof, upon suggestion in writing, if
made by the State's Attorney, or the
prosecutor for the State, or upon sug-
gestion in writing, supported by affi-
davit, made by any of the parties there-
to, or other proper evidence, that a fair
and impartial trial cannot be had in the
court where such suit or action at law,
issues or petitions, or presentment and
indictment is depending, shall order and
direct the record of proceedings in such
suit or action, issues or petitions, pre-
sentment or indictment, to be trans-
mitted to the court of any adjoining
county; provided, that the removal in
all civil causes be confined to an ad-
joining county within the judicial cir-
cuit, except as to the city of Baltimore,
where the removal may be to an adjoin-
ing county, for trial, which court shall
hear and determine the same in like

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 434   View pdf image (33K)
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