Volume 176, Page 735 View pdf image (33K) |
Art. 4] MARYLAND MANUAL 735 these amendments and any of the other provisions of this Constitution or the provisions of any existing law, the pro- visions of the sections amended or added shall prevail, and such other provisions shall be repealed or abrogated to the extent of such inconsistency, except Section 35A of Article III of this Constitution; provided, however, that in the event of any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, or at the election held in November, 1960, the changes made by these amendments and all such other amendments to this Constitution shall all be given effect. 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 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 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. |
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Volume 176, Page 735 View pdf image (33K) |
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