Volume 172, Page 606 View pdf image (33K) |
606 MARYLAND MANUAL [Art. 4, Sec. 16] qualification except that each of the Judges of the Court of Appeals in office at the time this amendment to the Consti- tution takes effect shall continue to hold office for the bal- ance of the term for which he was elected or appointed or until he shall have attained the age of seventy years, which- ever may first happen. One of the Judges of the Court of Appeals shall be designated by the Governor as the Chief Judge. The jurisdiction of the Court of Appeals shall be co-extensive with the limits of the State and such as now is or may hereafter be prescribed by law. It shall hold its sessions in the City of Annapolis at such time or times as it shall from time to time by rule prescribe. Its session or sessions shall continue not less than ten months in each year, if the business before it shall so require, and it shall be competent for the judges temporarily to transfer their sittings elsewhere upon sufficient cause. The salary of each Judge of the Court of Appeals shall be that now or here- after prescribed by the General Assembly and shall not be diminished during his continuance in office. Five of the judges shall constitute a. quorum, and five judges shall sit in each case unless the Court shall direct that an additional judge or judges sit for any case. The concurrence of a majority of those sitting shall be sufficient for the decision of any cause, and an equal division of those sitting in a case has the effect of affirming the decision appealed from if there is no application for re-argument as hereinafter provided. In any case where there is an equal division or a three to two division of the Court a re-argument before the full Court of seven judges shall be granted to the losing party upon application as a matter of right. ^ SEC. 15. The Judge who heard the cause below shall not participate in the decision; in every case an opinion, in writing, shall be filed within three months after the argu- ment, or submission of the cause; and the judgment of the Court shall be final and conclusive; and all cases shall stand for hearing at the first term after the transmission of the Record. SEC. 16. Provision shall be made by Law for publishing Reports of all causes, argued and determined in the Court of Appeals, which the Judges shall designate as proper for publication. " SEC. 17. There shall be a Clerk of the Court of Appeals, who shall be appointed by and shall hold his office at the pleasure of said Court of Appeals. 1 Thus amended by Chapter 99, Acts of 1956, adopted November 6, 1956. 'Thus amended by Chapter 99, Acts of 1956, ratified November 6, 1956. |
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Volume 172, Page 606 View pdf image (33K) |
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