656/Maryland Manual

shall have the force of Law until repealed, or modified by
the General Assembly.

(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 otherwise by the General Assembly.

SEC. II.10* The election for Judges, herein before
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. 12.107 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 Dele-
gates, 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 Governoi; 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, government and dignity of the State."

SEC. 13A.108 Vacant.

Part II—Courts of Appeal.

SEC. 14.109 The Court of Appeals shall be composed
of seven judges, one from the Erst Appellate Judicial
Circuit consisting of Cecil, Kent, Queen Anne's, Caroline,
Talbot, Dorchester, Wicomico, Worcester and Somerset
counties; one from the Second Appellate Judicial 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 Appellate Judicial Circuit, consisting
of Prince George's, Calvert, Charles and St. Mary's coun-
ties; one from the Fifth Appellate Judicial Circuit, consist-
ing 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.

Article TV

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 Appoals
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 Appeab 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 reargument as hereinafter pro-
vided. 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 ofright.

SEC. 14A.U0 The General Assembly may by law
create such intermediate courts of appeal as may be neces-
sary. 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.1'' No member of the General Assembly at
which the addition of Section 14A was pressed, if other-
wise qualified, shall be ineligible for appointment or elec-
tion 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
General Assembly.

SEC. 15.112 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. 16.113 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 desig-
nate as proper for publication.