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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 533   View pdf image (33K)
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THE CONSTITUTION OF 1867

Appeals, as soon after their election as
practicable, to devise, and promulgate
by rules, or orders, forms and modes of
framing and filing bills, answers, and
other proceedings and pleadings in
Equity; and also forms and modes of
taking and obtaining evidence, to be used
in Equity cases; and to revise and
regulate, generally, the practice in the
Courts of Equity of this State, so as to
prevent delays, and to promote brevity
and conciseness jn all pleadings and
proceedings therein, and to abolish all
unnecessary costs and expenses attend-
ing the same. And all rules and regula-
tions hereby directed to be made, shall,
when made, have the force of Law,
until rescinded, changed, or modified by
the said Judges, or the General Assembly.
PART III-CIRCUIT COVRTS.
Sec. 19. The State shall be divided
into eight Judicial Circuits, in manner
following, viz: the Counties of Worces-
ter, Somerset and Dorchester, shall con-
stitute the First Circuit; the Counties of
Caroline, Talbot, Queen Anne's, Kent
and Cecil, the Second; the Counties of
Baltimore and Harford, the Third; the
Counties of Allegany and Washington,
the Fourth; the Counties of Carroll,
Howard and Anne Arundel, the Fifth;
the Counties of Montgomery and Fred-
crick, the Sixth; the Counties of Prince
George's, Charles, Calvert and St.
Mary's, the Seventh; and Baltimore City,
the Eighth. Sec. 20. A Court shall be held in
each County of the State, to be styled
the Circuit Court for the County, in
which it may be held. The said Circuit
Courts shall have and exercise, in the
respective Counties, all the power,
authority and jurisdiction, original and
appellate, which the present Circuit
Courts of this State now have and

exercise, or which may hereafter be
prescribed by Law. Sec. 21. For each of the said Circuits
(excepting the Eighth,) there shall be a
Chief Judge, and two Associate Judges,
to be styled Judges of the Circuit Court,
to be elected or appointed, as herein
provided. And no two of said Associate
Judges shall, at the time of their election,
or appointment, or during the term, for
which they may have been elected, or
appointed, reside in the same County.
If two or more persons shall be candi-
dates for Associate Judge, in the same
County, that one only in said County
shall be declared elected, who has the
highest number of votes in the Circuit.
In case any two candidates for Associate
Judge, residing in the same County,
shall have an equal number of votes,
greater than any other candidate for
Associate Judge, in the Circuit, it shall
be the duty of the Governor to order a
new election for one Associate Judge;
but the person, residing in any other
County of the Circuit, and who has
the next highest number of votes shall be
declared elected. The said Judges shall
hold not less than two Terms of the
Circuit Court in each of the Counties,
composing their respective Circuits, at
such times as are now, or may hereafter
be prescribed, to which Jurors shall be
summoned; and in those Counties, where
only two such Terms are held, two other
and intermediate Terms, to which Jurors
shall not be summoned; they may alter or
fix the times for holding any, or all
Terms until otherwise prescribed, and
shall adopt Rules to the end that all
business not requiring the interposition
of a Jury shall be, as far as practicable,
disposed of at said intermediate Terms.
One Judge, in each of the above Cir-
cuits, shall constitute a quorum for the
transaction of any business; and the said
533

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 533   View pdf image (33K)
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