Article IV

duties of said officers; and it shall be the duty of the
Judges of said Courts respectively, to make, from time
to time, such rules 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shall have the force of Law until repealed or modified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. II.¹⁰⁴ The election for Judges, hereinbefore
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 re-
turns made, by the Clerks of the Circuit Courts of the
Counties, and the Clerk of the Superior Court of
Baltimore City, respectively, to the Governor, who shall
issue commissions 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. 12.¹⁰⁵ In ease 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 qual-
ification of the candidates at such election; and if the
judgment shall be against the one who has been re-
turned 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, provided by Law; and all indict-
ments shall conclude, "against the peace, government
and dignity of the State."

SEC. 13A.¹⁰⁶ Vacant.
Part II—Courts of Appeal.

SEC. 14.¹⁰⁷ The Court of Appeals shall be composed
of seven judges, one from the First Appellate Judicial
Circuit consisting of Cecil, Kent, Queen Anne's, Caro-
line, Talbot, Dorchester, Wicomico, Worcester and
Somerset counties; one from the Second Appellate Judi-
cial Circuit consisting of Baltimore and Harford
counties; one from the Third Appellate Judicial Circuit,
consisting of Allegany, Frederick, Garrett, Montgomery
and Washington counties; one from the Fourth Appel-
late 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

l⁰⁴ Amended by Chapter 551, Acts of 1975, ratified Nov. 2, 1976.
i⁰⁵ Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
n» Added by Chapter 796, Acts of 1943, ratified Nov. 7, 1944.
Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
l⁰⁷ Amended by Chapter 772, Acts of 1943, ratified Nov. 7,
1944; Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter
11, Acts of 1960, ratified Nov. 8, 1960; Chapter 551, Acts of
1976, ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified
Nov. 7, 1978.

Constitution of Maryland/813

the Sixth Appellate Judicial Circuit, consisting of
Baltimore City. The Judges of the Court of Appeals shall
be residents of their respective Appellate Judical Cir-
cuits. The term of each Judge of the Court of Appeals
shall begin on the date of his qualification. 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 session or sessions shall con-
tinue not less than ten months in each year, if the busi-
ness 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 pre-
scribed by the General Assembly and shall not be dimin-
ished during his continuance in office. Five of the judges
shall constitute aquorum, 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 deci-
sion 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 reargument as herein-
after provided. In any case where there is an equal divi-
sion 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 application as a matter of right.

SEC. 14A.'⁰⁸ The General Assembly may by law cre-
ate such intermediate courts of appeal as may be neces-
sary. The General Assembly may prescribe the interme-
diate appellate jurisdiction of these courts of appeal,
and all other powers necessary for the operation of such
courts.

SEC. 14B.¹⁰⁹ No member of the General Assembly
at which the addition of Section 14A was proposed, if
otherwise qualified, shall be ineligible for appointment
or election as a judge of any intermediate court of ap-
peal, established by law by the General Assembly pur-
suant to said Section 14A, by reason of his membership
in such General Assembly.

SEC. 15.'¹⁰ Any Judge of the Court of Appeals or of
an intermediate court of appeal who heard the cause be-
low either as a trial Judge or as a Judge of any interme-
diate court of appeal as the case may be, shall not par-
ticipate in the decision. In every case an opinion, in
writing, shall be filed within three months after the ar-
gument or submission of the cause; and the judgment of
the Court of Appeals shall be final and conclusive.

SEC. 16.^lu Provision shall be made by Law for pub-
lishing Reports of all causes, argued and determined in
the Court of Appeals and in the intermediate courts of
appeal, which the Judges thereof, respectively, shall des-
ignate as proper for publication.