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Art. 4] MARYLAND MANUAL 671
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 bane 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 bane, and the decision of the said Court in bane 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 bane shall not preclude the right of appeal, or writ of error to the adverse party, in those cases, civil or crimi- nal, in which appeal, or writ of error to the Court of Ap- peals may be allowed by Law. The right of having questions reserved shall not, however, apply to trials of Appeals from judgments of Justices of the Peace, nor to criminal cases below the grade of felony, except when the punishment is confinement in the Penitentiary; and this Section shall be subject to such provisions as may hereafter be made by Law. SEC. 23. The Judges of the respective Circuit Courts of this State, and of the Courts of Baltimore city, shall render their decisions, in all cases argued before them, or sub- mitted for their judgment, within two months after the same shall have been so argued or submitted. 1 SEC. 24. The salary of each Chief Judge and of each Associate Judge of the Circuit Court shall not be diminished during his continuance in office. ' SEC. 25. There shall be a Clerk of the Circuit Court for each County, who shall be elected by a plurality of the quali- fied voters of said County, and shall hold his office for four years from the time of his election, and until his successor is elected and qualified, and be re-eligible, subject to be removed for wilful neglect of duty or other misdemeanor in office, on conviction in a Court of Law. In case of a va- cancy in the office of Clerk of a Circuit Court, the Judges of said Court shall have power to fill such vacancy until the general election for Delegates to the General Assembly, to be held next thereafter, when a successor shall be elected for the term of four years. i Thus amended by Chapter 99, Acts of 1956. ratified November 6, 1956. See also sections 14 and 31A of this Article. 'Thus amended by Chapter 99. Acts of 1956. ratified November 6. 1956. |
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| Volume 175, Page 671 View pdf image (33K) |
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