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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 534   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

Judges, or any of them, may hold Special
Terms of their Courts, whenever, in their
discretion, the business of the several
Counties renders such Terms necessary. Sec. 22. Where any Term is held, or
trial conducted by less than the whole
number of said Circuit Judges, upon the
decision, or determination of any point,
or question, by the Court, it sha?l be
competent to the party, against whom
the ruling or decision is made, upon
motion, to have the point, or question
reserved for the consideration of the
three Judges of the Circuit, who shall
constitute a Court in bane for such
purpose; and the motion for such
reservation shall be entered of record,
during the sitting, at which such decision
may be made; and the several Circuit
Courts shall regulate, by rules, the mode
and manner of presenting such points,
or questions to the Court in bane, and
the decision of the said Court in bane
shall be the effective decision in the
premises, and conclusive, as against the
party, at whose motion said points, or
questions were reserved; but such deci-
sion in bane shall not preclude the right
of Appeal, or writ of error to the adverse
party, in those cases, civil or criminal,
in which appeal, or writ of error to the
Court of Appeals may be allowed by
Law. The right of having questions
reserved shall not, however, apply to
trials of Appeals from judgments of
Justices of the Peace, nor to criminal
cases below the grade of felony, except
when the punishment is confinement in
the Penitentiary; and this Section shall
be subject to such provisions as may
hereafter be made by Law. Sec. 23. The Judges of the respective
Circuit Courts of this State, and of the
Courts of Baltimore City, shall render
their decisions, in all cases argued before
them, or submitted for their judgment,
534

within two months after the same shall
have been so argued or submitted. Sec. 24. The salary of each Chief
Judge, and of the Judge of the Court
of Appeals from the City of Baltimore
shall be three thousand five hundred
dollars, and of each Associate Judge of
the Circuit Court, shall be two thousand
eight hundred dollars per annum, pay-
able quarterly, and shall not be dimin-
ished during his continuance in office. Sec. 25. There shall be a Clerk of the
Circuit Court for each County, who shall
be elected by a plurality of the qualified
voters of said County, and shall hold
his office for six years from the time of
his election, and until his successor is
elected and qualified, and be re-eligible,
subject to be removed for wilful neglect
of duty, or other misdemeanor in office,
on conviction in a Court of Law. In
case of a vacancy in the office of Clerk of
a Circuit Court, the Judges of said Court
shall have power to fill such vacancy
until the general election for Delegates
to the General Assembly, to be held next
thereafter, when a successor shall be
elected for the term of six years. Sec. 26. The said Clerks shall
appoint, subject to the confirmation of
the Judges of their respective Courts,
as many deputies under them, as the
said Judges shall deem necessary, to
perform, together with themselves, the
duties of the said office, who shall be
removable by the said Judges for incom-
petency, or neglect of duty, and whose
compensation shall be according to
existing, or future provisions of the
General Assembly.
PART IV
COURTS OF BALTIMORE C/TY. Sec. 27. There shall be in the Eighth
Judicial Circuit, six Courts, to be styled
the Supreme Bench of Baltimore City,

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 534   View pdf image (33K)
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