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Maryland Manual, 1957-58
Volume 167, Page 431   View pdf image (33K)
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[Art. 4, Sec. 22] MARYLAND MANUAL 481

shall continue to apply to all judges (including chief
judges) of the Circuit Court. No member of the General
Assembly at which either of these amendments was pro-
posed, if otherwise qualified, shall be ineligible for appoint-
ment or election as judge of the Court of Appeals or any
other court by reason of his membership in such General
Assembly.

In the event and to the extent of any inconsistency be-
tween the provisions of any section amended or added by
these amendments and any of the other provisions of this
Constitution or the provisions of any existing law, the
provisions of the sections amended or added shall prevail,
and such other provisions shall be repealed or abrogated to
the extent of such inconsistency, except Section 35A of
Article III of this Constitution; provided, however, that in
the event of any inconsistency between the provisions of
the sections thus amended or added and any of the other
provisions of the sections thus amended or added and any
of the other provisions of this Constitution as amended by
any other amendments which may be adopted at the same
time or times as these amendments, i.e., at the election held
in November, 1944, or at the election held in November,
1954, the changes made by these amendments and all such
other amendments to this Constitution shall all be given
effect.1

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 shall 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 banc
for such purpose; and the motion for such reservation shall
be entered of record, during the sitting, at which such deci-
sion 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 banc, and the decision of
the said Court in banc 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 de-
cision in banc shall not preclude the right of Appeal, or writ
of error to the adverse party, in those cases, civil or crimi-

" Amended by Chapter 772, Acts of 1943, ratified November 7, 1944. Amended
by Chapter 607, Acts of 1953, ratified November 2, 1964. Also amended by
Chapters 66 and 68, Acts of 1954, both of which were ratified by the voters on
November 2, 1954, becoming immediately null and void by reason of the adoption
of the amendments proposed by Chapter 607 of the Acts of 1953.

 

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Maryland Manual, 1957-58
Volume 167, Page 431   View pdf image (33K)
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