CONSTITUTIONAL REVISION STUDY DOCUMENTS [JUDICIAL BRANCH] COMPARISON
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Headnotes
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Present
Constitution
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Constitution of
1867
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Constitution of
1864
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Constitution of
1851
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Constitution of
1776
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Amendments to
1776 Constitution
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Judicial power:
Enumeration of
courts; courts
of record; seal;
appointment of
judges.
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ARTICLE IV.
JUDICIARY
DEPARTMENT.
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ARTICLE IV.
JUDICIARY
DEPARTMENT.
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ARTICLE IV.
JUDICIARY
DEPARTMENT.
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ARTICLE IV.
JUDICIARY
DEPARTMENT.
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Part I. General Provisions.
Section 1. The Judicial
power of this State shall be
vested in a Court of Ap-
peals, and such intermedi-
ate courts of appeal, as
shall be provided by law by
the General Assembly, Cir-
cuit Courts, Orphans'
Courts, such Courts for the
City of Baltimore, as are
hereinafter provided for,
and Justices of the Peace;
all said Courts shall be
Courts of Record, and each
shall have a seal to be
used in the authentication
of all process issuing there-
from. The process and of-
ficial character of Justices
of the Peace shall be au-
thenticated as hath hereto-
fore been practiced in this
State, or may hereafter be
prescribed by Law.
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Part I. General Provisions.
Section 1. The Judicial
power of this State shall be
vested in a Court of Ap-
peals, Circuit Courts, Or-
phans' Courts, such Courts
for the City of Baltimore
as may be hereinafter pre-
scribed or provided for, and
Justices of the Peace; all
said Courts shall be Courts
of Record, and each shall
have a seal, to be used in the
authentication of all process
issuing from them. The
process and official char-
acter of Justices of the
Peace shall be authenticated
as hath heretofore been
practised in this State, or
may hereafter be prescribed
by Law.
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Part I. General Provisions.
Section 1. The Judicial
power of this State shall be
vested in a Court of Ap-
peals, Circuit Courts, Or-
phans' Courts, such Courts
for the City of Baltimore
as are hereinafter provided
for, and Justices of the
Peace; all said Courts shall
be Courts of Record, and
each shall have a seal to be
used in the authentication
of all process issuing there- ,
from. The process and of-
ficial character of Justices
of the Peace shall be au-
thenticated as hath hereto-
fore been practiced in this
State, or may hereafter be
prescribed by Law.
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Section 1. The Judicial
power of this State shall
be vested in a Court of
Appeals, in Circuit Courts,
in such Courts for the city
of Baltimore as may be
hereinafter prescribed, and
in Justices of the Peace.
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56. That there be a court
of appeals, composed of per-
sons of integrity and sound
judgment in the law, whose
judgment shall be final and
conclusive in all cases of
appeal, from the general
court, court of chancery,
and court of admiralty;
That one person of integrity
and sound judgment in the
law, be appointed chancel-
lor; ....
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Judges : Quali-
fications; term;
removal; com-
pensation.
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Sec. 2. The Judges of
all of the said Courts shall
be citizens of the State of
Maryland, and qualified vot-
ers under this Constitution,
and shall have resided
therein not less than five
years, and not less than six
months next preceding their
election, or appointment, as
the case may be, in the city,
county, judicial circuit, in-
termediate appellate judicial
circuit or appellate judicial
circuit for which they may
be, respectively, elected, or
appointed. They shall be
not less than thirty years
of age at the time of their
election, or appointment,
and shall be selected from
those who have been admit-
ted to practice Law in this
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Sec. 2. The Judges of
the several Courts, except
the Judges of the Orphans'
Courts, shall be citizens of
the United States, and resi-
dents of this State, not less
than five years next pre-
ceeding their election, or ap-
pointment by the Executive
in case of a vacancy; and
not less than one year next
preceding their election or
appointment, residents in
the Judicial District or Cir-
cuit, as the case may be, for
which they may be elected
or appointed; they shall be
not less than thirty years
of age at the time of their
election and selected from
those who have been ad-
mitted to practice law in
this State, and who are
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Sec. 2. The Judges of
all of the said Courts shall
be citizens of the State of
Maryland, and qualified vot-
ers under this Constitution,
and shall have resided
therein not less than five
years, and not less than six
months next preceding their
election, or appointment, in
the Judicial Circuit, as the *]
case may be, for which they
may be, respectively,
elected, or appointed. They !
shall be not less than thirty
years of age at the time of
their election, or appoint-
ment, and shall be selected
from those who have been
admitted to practice Law in
this State, and who are
most distinguished for in-
tegrity, wisdom and sound
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Sec. 4. The State shall
be divided into four Ju-
dicial districts: Allegany,
Washington, Frederick, Car-
roll, Baltimore and Har-
ford counties, shall com-
pose the first; Montgomery,
Howard, Anne Arundel,
Calvert, St. Mary's, Charles
and Prince George's, the
second; Baltimore city, the
third; and Cecil, Kent,
Queen Anne's, Talbot, Car-
oline, Dorchester, Somerset
and Worcester, shall com-
pose 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 citi-
zen of this State at least
five years, and above the
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56. . . . That three persons
of integrity and sound judg-
ment in the law, be ap-
point judges of the court
now called the provincial
court; and that the same
court be hereafter called
and known by the name of
the general court; which
court shall sit on the west-
ern and eastern shores for
transacting and determin-
ing the business of the re-
spective shores, at such
times and places as the
ruture legislature of this
State shall direct and ap-
ioint.
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Proposed by Act of 1804,
chapter 55. Ratified 1805.
Section 1. ... and there
shall be appointed for each
of the said Judicial Dis-
tricts three persons of In-
tegrity and sound legal
knowledge, residents of the
State of Maryland, who shall
previous to, and during
their acting as Judges, re-
side in the District for
which they shall respec-
tively be appointed. . . .
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860
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i
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861
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