case in the same manner as if it had been originally instituted in
that court. The General Assembly shall modify the existing law as
may be necessary to regulate and give force to this provision.

SEC. 9.'⁰³ The Judge, or Judges of any Court, may appoint
such officers for their respective Courts as may be found
necessary. The General Assembly may provide, by Law, for
compensation for all such officers; and the said Judge or Judges
shall, from time to time, investigate the expenses, costs and
charges of their respective courts, with a view to a change or
reduction thereof, and report the result of such investigation to
the General Assembly for its action.

SEC. 10. The Clerks of the several Courts, created, or
continued by this Constitution, shall have charge and custody of
the records and other papers, shall perform all the duties, and be
allowed the fees, which appertain to their several offices, as the
same now are, or may hereafter be regulated by Law. And the
office and business of said Clerks, in all their departments, shall
be subject to the visitorial power of the Judges of their respective
Courts, who shall exercise the same, from time to time, so as to
insure the faithful performance of the 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force of Law until repealed or modified by the General Assembly.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.™ 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 returns 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 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 candidates 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
Governor, 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 indictments shall conclude, "against the peace, govern-
ment and dignity of the State."

SEC. 13A.¹⁰*' Vacant.
Part II—Courts of Appeal.

SEC. 14.'°⁷ 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, Dorchester, Wi-
comico, Worcester and Somerset counties; one from the Second

""Amended by Chapter 523, Acts of 1980, ratified Nov. 4. 1980.
""Amended by Chapter 551, Acts of 1975, ratified Nov. 2, 1976.
'"Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
'"Added by Chapter 796, Acts of 1943, ratified Nov. 7, 1944.
Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
"'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/693

Appellate Judicial Circuit consisting of Baltimore and Harford
counties; one from the Third Appellate Judicial Circuit, consist-
ing of Allegany, Frederick, Garrett, Montgomery and Washing-
ton 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 Appellate 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 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 prescribed 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
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 elsewhere 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 continuance 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 division of those sitting in a case has the effect of affirming
the decision appealed from if there is no application for reargu-
ment as hereinafter provided. 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 application as a matter of right.

SEC. 14A.""¹ 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 necessary for the
operation of such courts.

SEC. 14B."" 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 appeal, established by law by the General
Assembly pursuant to said Section 14A, by reason of his
membership in such Genera] Assembly.

SEC. 15."° Any Judge of the Court of Appeals or of an
intermediate court of appeal who heard the cause below either as
a trial Judge or as a Judge of any intermediate court of appeal as
the case may be, shall not participate in the decision. In every
case an opinion, in writing, shall be filed within three months
after the argument or submission of the cause; and the judgment
of the Court of Appeals shall be final and conclusive.

SEC. 16.'" Provision shall be made by Law for publishing
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 designate as proper for publica-
tion.

SEC. 17."² There shall be a Clerk of the Court of Appeals, who
shall be appointed by and shall hold his office at the pleasure of
said Court of Appeals.