or case, for trial. The right of removal also shall exist on sugges-
tion in a cause or case in which all the judges of the court may
be disqualified under the provisions of this Constitution to sit.
The court to which the record of proceedings in such suit or ac-
tion, issue, presentment or indictment is transmitted, shall hear
and determine that cause or 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. The Judge, or Judges of any Court, may appoint
such officers for their respective Courts as may be found neces-
sary. The General Assembly may provide, by Law, for compen-
sation 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 Gener-
al Assembly for its action.

SEC. 10. ^a (a) 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the force of Law until repealed or modified by the General As-
sembly.

(b) The offices of the Clerks shall be funded through the State
budget. All fees, commissions, or other revenues established by
law for these offices shall be State revenues, unless provided oth-
erwise by the General Assembly.

104
SEC. 11. The election for Judges, herein before provided,

and all elections for Clerks, Registers of Wills, and other of-
ficers, provided in this Constitution, except State's Attorneys,
shall be certified, and the returns made, by the Clerks of the Cir-
cuit 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. In case of any contested election for Judges,
Clerks of the Courts of Law, and Registers of Wills, the Gover-
nor 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 Gover-
nor, 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 in-
dictments shall conclude, "against the peace, government and
dignity of the State."

SEC. 13A. ¹⁰⁶ Vacant.

SEC. 14. ¹⁰⁷ The Court of Appeals shall be composed of
seven judges, one from the First Appellate Judicial Circuit con-
sisting of Cecil, Kent, Queen Anne's, Caroline, Talbot,
Dorchester, Wicomico, Worcester and Somerset counties; one
from the Second Appellate Judicial Circuit consisting of Balti-
more and Harford counties; one from the Third Appellate Judi-
cial Circuit, consisting of Allegany, Frederick, Garrett, Mont-
gomery and Washington counties; one from the Fourth
Appellate Judicial Circuit, consisting of Prince George's, Cal-
vert, Charles and St. Mary's counties; one from the Fifth Appel-
late 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 tempo-
rarily 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 reargu-
ment before the full Court of seven judges shall be granted to
the losing party upon application as a matter of right.

108
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 necessary for the
operation of such courts.

109

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 mem-
bership in such General Assembly.