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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 465   View pdf image (33K)
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THE CONSTITUTION OF 1864
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. Sec. 8. The General Assembly shall
provide for the trial of causes in case of
the disqualification of the Judge of the
Superior Court of Baltimore city, the
Court of Common Pleas, the Circuit
Court of Baltimore city, and the Crimi-
nal Court of Baltimore, and also in case
of the disqualification of any Judge of
other Circuit Courts of this State, to
hear and determine the same, but in
case of such disqualification, the parties
thereto may, by consent, appoint a per-
son to try the same; and the parties to
any cause may submit the same to the
Court for determination without the aid
of a jury. Sec. 9. The Judge or Judges of any
Court of this State, except the Court of
Appeals, shall order and direct the
record of proceedings in any suit or
action, issue or petition, presentment or
indictment pending in such Court, to be
transmitted to some other Court in the
same or any adjoining Circuit having
jurisdiction in such causes, whenever any
party to such cause, or the counsel of
any party shall make it satisfactorily
appear to the Court that such party can-
not have a fair and impartial trial in the
Court in which such suit or action, issue
or petition, presentment or indictment
is pending; and the General Assembly
shall make such modifications of existing
law as may be necessary to regulate and
give force to this provision.. Sec. 10. The Judge or Judges of any
Court may appoint such officers for their
respective Courts, as may be found

necessary, and it shall be the duty of the
General Assembly to prescribe by law a
fixed compensation for all such officers. Sec. 11. Every person being a citizen
of the United States shall be permitted
to appear to and try his own case in all
the Courts of this State. Sec. 12. Any person who shall, after
this Constitution shall have gone into
effect, detain in slavery any person
emancipated by the provisions of this
Constitution, shall, on conviction be
fined not less than five hundred dollars
nor more than five thousand dollars, or
be imprisoned not more than five years;
and any of the Judges of this State shall
discharge, on Habeas Corpus, any person
so detained in slavery. Sec. 13. The Clerks of the several
Courts Created or continued by this
Constitution, shall have charge and
custody of the Records and other papers,
shall perform all the duties and be
allowed the fees which appertain to
their several offices as the same now are
or may hereafter be regulated by law. Sec. 14. All elections of Judges, and
other officers, provided for by this Con-
stitution, States' Attorneys excepted,
shall be certified and the returns made
by the Clerks of the respective Counties
to the Governor, who shall issue com-
missions to the different persons for the
offices to which they shall have been
respectively elected; and in all such
elections, the person having the greatest
number of votes shall be declared to be
elected. Sec. 15. If in any case of election for
Judges, Clerks of the Courts of Law, and
Registers of Wills, the opposing candi-
dates shall have an equal number of
votes, it shall be the duty of the Governor
to order a new election; and in case of
465

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 465   View pdf image (33K)
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