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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 945   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [JUDICIAL BRANCH] COMPARISON

Headnotes

Present
Constitution

Constitution of
1867

Constitution of
1864

Constitution of
1851

Constitution of
1776

Amendments to
1776 Constitution

 

 

 

 

cuit Court of Baltimore City,
of the Baltimore City Court,
and of the Criminal Court
of Baltimore, shall each give
Bond in such penalty as is
now prescribed, by Law, to
be given by the Clerks of the
Courts, bearing the same
names, under the present
Constitution.

 

 

 

 

 

 

 

 

Orphans" Court:
Election of
judges; number
of judges; excep-
tion as to
Montgomery
County; resi-
dency qualifi-
cations; powers;
compensation;
vacancy.

Part V. Orphans' Court.

Sec. 40. The qualified vot-
ers of the City of Baltimore,
and of the several Counties,
except Montgomery County,
shall on the Tuesday next
after the first Monday in No-
vember, (nineteen hundred
and fifty-eight) nineteen
hundred and sixty-six, and
on the same day in every
fourth year thereafter, elect
three men to be Judges of
the Orphans' Courts of said
City and Counties, respec-
tively, who shall be citizens
of the State, and residents
for the twelve months pre-
ceding, in the City, or
County, for which they may
be elected. They shall have
all the powers now vested in
the Orphans' Courts of the
State, subject to such
changes as the Legislature
may prescribe. Each of said
Judges shall be paid such
compensation as may be reg-
ulated by Law, and to be
paid by the said City, or
Counties, respectively. In
case of a vacancy in the of-
fice of Judge of the Orphans'
Court, the Governor shall
appoint, subject to confirma-
tion, or rejection by the Sen-
ate, some suitable person to
fill the same for the residue
of the term.

Part V. Orphans' Courts.

Sec. 40. The qualified vot-
ers of the City of Baltimore,
and of the several Counties,
shall on the Tuesday next
after the first Monday in
November next, and on the
same day in every fourth
year thereafter, elect three
men to be Judges of the
Orphans' Courts of said City
and Counties, respectively,
who shall be citizens of the
State, and residents for the
twelve months preceding, in
the City, or County, for
which they may be elected.
They shall have all the pow-
ers now vested in the Or-
phans' Courts of the State,
subject to such changes as
the Legislature may pre-
scribe. Each of said Judges
shall be paid a per diem for
the time they are actually
in session, to be regulated by
Law, and to be paid by the
said City, or Counties re-
spectively. In case of a va-
cancy in the office of Judge
of the Orphans' Court, the
Governor shall appoint, sub-
ject to confirmation, or re-
jection by the Senate, some
suitable person to fill the
same for the residue of the
term.

Part V. Orphans' Courts.

Sec. 43. There shall be an
Orphans' Court in the city
of Baltimore, and in each of
the counties of this State.
The qualified voters of the
city of Baltimore and of the
several counties of the State
shall, on the Tuesday next
after the first Monday in the
month of November, eight-
een hundred and sixty-seven,
elect three men to be Judges
of the Orphans' Court of said
city and counties respec-
tively; one of the said Judges
first elected shall hold his
office for two years, one for
four years and the other for
six years; and at the first
meeting after their election
and qualification, or as soon
thereafter as practicable,
they shall determine by lot
which one of their number
shall hold his office for two,
four and six years, respec-
tively, and thereafter there
shall be elected as aforesaid,
at each general election for
county officers, one Judge to
serve for the term of six
years. No person shall be
elected Judge of the Or-
phans' Court unless he be at
the time of his election a
citizen of the United States
and resident for twelve
months in the city or county
for which he may be elec-
ted; each of said Judges shall
receive such compensation,
to be paid by the said coun-

Sec. 17. The qualified vot-
ers of the city of Baltimore,
and of the several counties
of the State, shall, on the
first Wednesday of Novem-
ber, eighteen hundred and
fifty-one, and on the same
day of the same month in
every fourth year forever
thereafter, elect three men
to be Judges of the Orphans'
Court of said city and coun-
ties respectively, who shall
be citizens of the State of
Maryland and citizens of the
city or county for which
they may be severally elected
at the time of their election.
They shall have all the pow-
ers now vested in the Or-
phans' Courts of this State,
subject to such changes
therein as the Legislature
may prescribe, and each of
said Judges shall be paid at
a per diem rate, for the time
they are in session, to be
fixed by the Legislature, and
paid by the said counties and
city respectively.

Sec. 26. In case of the
death, resignation, removal,
or other disqualification .of
the judge of an Orphans'
Court, the vacancy shall be
filled by the appointment of
the Governor, by and with
the advice and consent of the
Senate.

 

 

 

 

944

 

 

 

 

 

 

 

 

 

 

945

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 945   View pdf image (33K)
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