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Maryland Manual, 1983-84
Volume 181, Page 810   View pdf image (33K)
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810/Maryland Manual

purposes or in connection with the exercise of any of
the powers which may be granted pursuant to this Sec-
tion is hereby declared to be needed or taken for public
uses and purposes. Any or all of the activities autho-
rized pursuant to this section shall constitute govern-
mental functions undertaken for public uses and pur-
poses and the power of taxation may be exercised,
public funds expended and public credit extended in
furtherance thereof.

(b) The General Assembly may grant to any county
or any municipal corporation, by public local law, any
and all additional power and authority necessary or
proper to carry into full force and effect any and all of
the specific powers authorized by this section and to
fully accomplish any and all of the purposes and ob-
jects contemplated by the provisions of this section,
provided such additional power or authority is not in-
consistent with the terms and provisions of this section
or with any other provision or provisions of the Consti-
tution of Maryland.

(c) The General Assembly of Maryland, by public lo-
cal law, may establish or authorize the establishment of
a public body or agency to undertake in a county or mu-
nicipal corporation (other than Baltimore City) the ac-
tivities authorized by this section, and may provide that
any or all of the powers, except the power of taxation,
herein authorized to be granted to such county or mu-
nicipal corporation shall be vested in such public body
or agency or in any existing public body or agency.

(d) The General Assembly may place such other and
further restrictions or limitations on the exercise of any
of the powers provided for in this section, as it may
deem proper and expedient.

(e) The provisions of this section are independent of,
and shall in no way affect, the powers granted under
Article XIB of the Constitution of Maryland, title "City
of Baltimore—Land Development and Redevelop-
ment." Also, the power provided in this section for the
General Assembly to enact public local laws autho-
rizing any municipal corporation or any county to carry
out urban renewal projects prevails over the restrictions
contained in Article XI-A "Local Legislation" and in
Article XI-E "Municipal Corporations" of this Consti-
tution.

ARTICLE IV.

JUDICIARY DEPARTMENT.

Part I— General Provisions.

SECTION I.92 The Judicial power of this State is
vested in a Court of Appeals, such intermediate courts
of appeal as the General Assembly may create by law,
Circuit Courts, Orphans' Courts, and a District Court.
These Courts shall be Courts of Record, and each shall

92 Amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966;
Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter 681,
Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of 1980,
ratified Nov. 4, 1980.

Article III

have a seal to be used in the authentication of all pro-
cess issuing from it.

SEC. 1A.93 The several Courts existing in this State
at the time of the adoption of this Constitution shall,
until superseded under its provisions, continue with like
powers and jurisdiction, and in the exercise thereof,
both at Law and in Equity, in all respects, as if this
Constitution had not been adopted; and when said
Courts shall be so superseded, all causes, then de-
pending in said Courts shall pass into the jurisdiction of
the several Courts, by which they may, respectively, be
superseded.

SEC. 2.94 The Judges of all of the said Courts shall
be citizens of the State of Maryland, and qualified vot-
ers under this Constitution, and shall have resided
therein not less than five years, and not less than six
months next preceding their election, or appointment,
as the case may be, in the city, county, district, judicial
circuit, intermediate appellate judicial circuit or appel-
late judicial circuit for which they may be, respectively,
elected, or appointed. They shall be not less than thirty
years of age at the time of their election, or appoint-
ment, and shall be selected from those who have been
admitted to practice Law in this State, and who are
most distinguished for integrity, wisdom and sound le-
gal knowledge.

SEC. 3.95 Except for Judges of the District Court,
the Judges of the several Courts other than the Court of
Appeals or any intermediate courts of appeal shall, sub-
ject to the provisions of Section 5 of this Article of the
Constitution, be elected in Baltimore City and in each
county, by the qualified voters of the city and of each
county, respectively, all of the said Judges to be elected
at the general election to be held on the Tuesday after
the first Monday in Nov., as now provided for in the
Constitution. Each of the said Judges shall hold his of-
fice for the term of fifteen years from the time of his
election, and until his successor is elected and qualified,
or until he shall have attained the age of seventy years,
whichever may first happen, and be re-eligible thereto
until he shall have attained the age of seventy years,
and not after. In case of the inability of any of said
Judges to discharge his duties with efficiency, by reason
of continued sickness, or of physical or mental infirmi-
ty, it shall be in the power of the General Assembly,
two-thirds of the members of each House concurring,
with the approval of the Governor to retire said Judge
from office.

SEC. 3A.96 (a) Any former judge, except a former
judge of the Orphans' Court, may be assigned by the
Chief Judge of the Court of Appeals, upon approval of
a majority of the court, to sit temporarily in any court

93 Transferred from Article XV, sec. 2, and amended by Chap-
ter 681, Acts of 1977, ratified Nov. 7, 1978.
" Amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966;
Chapter 789, Acts of 1969, ratified Nov. 3, 1970; Chapter 542,
Acts of 1976, ratified Nov. 2, 1976.
"Amended by Chapter 479, Acts of 1931, ratified Nov. 8,
1932; Chapter 607, Acts of 1953, ratified Nov. 2, 1954; Chapter
10, Acts of 1966, ratified Nov. 8, 1966; Chapter 542, Acts of
1976, ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified
Nov. 7, 1978.
* Added by Chapter 546, Acts of 1976, ratified Nov. 2, 1976.

 



 
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Maryland Manual, 1983-84
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