493

LAWS OF MARYLAND.— 1804.

Court of
appeals to
be com-
posed of the
chief judges
of the
judicial
districts.

SEC. 5, And be it enacted, That there shall be a court of
appeals, and the same shall be composed of the chief judges of
the several judicial districts of the state, which said court of
appeals shall hold, use and exercise, all and singular the powers,
authorities and jurisdictions, heretofore held, used and exercised,
by the court of appeals of this state, and also the appellate juris-
diction heretofore used and exercised by the general court ; and
the said court of appeals hereby established shall sit on the
western and eastern shores for transacting and determining the
business of the respective shores, at such times and places
as the future legislature of this state shall direct and appoint,
and any three of the said judges of the court of appeals shall
form a quorum to hear and decide in all cases pending in said
court; and the judge who has given a decision in any case in
the county court, shall withdraw from the bench upon the decid-
ing of the same case before the court of appeals ; and the judges
of the court of appeals may appoint the clerks of said court for
the western and eastern shores respectively, who shall hold their
appointments during good behaviour, removable only for misbe-
haviour on conviction in a court of law ; and in case of death,
resignation, disqualification, or removal out of the state, or from
their respective shores, of either of the said clerks in the vacation
of the said court, the governor, with the advice of the council,
may appoint and commission a fit and proper person to such
vacant office, to hold the same until the next meeting of the
said court ; and all laws passed after this act shall take effect,
shall be recorded in the office of the court of appeals of the
western shore.

Part of the
constitution
repealed,

SEC. 6. And be it enacted, That all and every part of the con-
stitution and form of government which relates to the court of
appeals and the general court, or the judges thereof, or that is in
any manner repugnant to, or inconsistent with, the provisions
of this act, be and the same is hereby repealed, abrogated and
annulled, upon the confirmation hereof; provided, that nothing
herein contained shall be construed so as to authorize the remo-
val of the clerks of the respective county courts, being in com-
mission at the time of the passing of this act, in any other mode
or manner than that prescribed by the constitution and form of
government.

If con-
firmed, this
act to be a
part of the
constitution

SEC. T. And be it enacted, That if this act shall be confirmed
by the general assembly, after the next election of delegates, in
the first session after such new election, as the constitution and
form of government directs, that in such case this act, and the
alterations and amendments of the constitution and form of go-
vernment therein contained, shall be taken and considered, and
shall constitute and be valid, as a part of the said constitution