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Maryland Manual, 1979-80
Volume 179, Page 818   View pdf image (33K)
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818/Maryland Manual
and regulations as may be necessary and proper
for the government of said Clerks, and for the
performance of the duties of their offices, which
shall have the force of Law until repealed or
modified by the General Assembly.
SEC. 11.'°' The election for Judges, hereinbe-
fore provided, and all elections for Clerks,
Registers of Wills, and other officers, provided in
this Constitution, except State's Attorneys, shall
be certified, and the returns made, by the Clerks
of the Circuit Courts of the Counties, and the
Clerk of the Superior Court of Baltimore City, re-
spectively, to the Governor, who shall issue com-
missions to the different persons for the offices to
which they shall have been, respectively, elected;
and in all such elections for offices other than
judges of an appellate court, the person having
the greatest number of votes, shall be declared to
be elected.
SEC. 12."" In case of any contested election
for Judges, Clerks of the Courts of Law, and
Registers of Wills, the Governor shall send the
returns to the House of Delegates, which shall
judge of the election and qualification of the can-
didates at such election; and if the judgment shall
be against the one who has been returned elected,
or the one who has been commissioned by the
Governor, the House of Delegates shall order a
new election within thirty days.
SEC. 13. All Public Commissions and Grants
shall run thus: "The State of Maryland, etc.,"
and shall be signed by the Govenor, with the Seal
of the State annexed; all writs and process shall
run in the same style, and be tested, sealed and
signed, as heretofore, or as may hereafter be, pro-
vided by Law; and all indictments shall conclude,
"against the peace, government and dignity of the
State."'"
Part 11—Courts of Appeal
SEC. 14.'" The Court of Appeals shall be
composed of seven judges, one from the First
Appellate Judicial Circuit consisting of Cecil,
Kent, Queen Anne's, Caroline, Talbot, Dorches-
ter, Wicomico, Worcester and Somerset counties;
one from the Second Appellate Judicial Circuit
consisting of Baltimore and Harford counties; one
'"' Thus amended by Chapter 551, Acts of 1975, ratified No-
vember 2,1976.
"" Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7, 1978. Sec. 13A repealed, ibid.
"" Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7,1978.

Article IV
from the Third Appellate Judicial Circuit,
consisting of Allegany, Frederick, Garrett, Mont-
gomery and Washington counties; one from the
Fourth Appellate Judicial Circuit, consisting of
Prince George's, Calvert, Charles and St. Mary's
counties; one from the Fifth Appellate Judicial
Circuit, consisting of Anne Arundel, Carroll and
Howard counties; and two from the Sixth Appel-
late Judicial Circuit, consisting of Baltimore City.
The Judges of the Court of Appeals shall be
residents of their respective Appellate Judicial
Circuits. The term of each Judge of the Court of
Appeals shall begin on the date of his qualifica-
tion. 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 pre-
scribed 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 ses-
sion 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 else-
where upon sufficient cause. The salary of each
Judge of the Court of Appeals shall be that now
or hereafter prescribed by the General Assembly
and shall not be diminished during his continu-
ance 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 divi-
sion of those sitting in a case has the effect of af-
firming the decision appealed from if there is no
application for reargument as hereinafter provid-
ed. In any case where there is an equal division
or a three to two division of the Court a
reargument before the full Court of seven judges
shall be granted to the losing party upon applica-
tion as a matter of right.
SEC. 14A.'" The General Assembly may by
law create such intermediate courts of appeal as
may be necessary. The General Assembly may
prescribe the intermediate appellate jurisdiction of
these courts of appeal, and all other powers nec-
essary for the operation of such courts.
SEC. 14B.'°' No member of the General As-
sembly at which the addition of Section 14A was
'" Added by Chapter 10, Acts of 1966, ratified November 8,
1966.
'" Added by Chapter 10, Acts of 1966, ratified November 8,
1966.



 
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Maryland Manual, 1979-80
Volume 179, Page 818   View pdf image (33K)
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