three of the said judges of the court of appeals shall form a quorum to hear and
decide in all cases pending in said court; and the judge who has given a decision
in any case in the county court, shall withdraw from the bench upon the deciding
of the same case before the court of appeals; and the judges of the court of
appeals may appoint the clerks of said court for the western and eastern shores
respectively, who shall hold their appointments during good behaviour, removable
only for misbehaviour on conviction in a court of law; and in case of
death, resignation, disqualification, or removal out of the state, or from their
respective shores, of either of the said clerks in the vacation of the said court,
the governor, with the advice of the council, may appoint and commission a fit
and proper person to such vacant office, to hold the same until the next meeting
of the said court; and all laws passed after this act shall take effect, shall
be recorded in the office of the court of appeals of the western shore.
    6.  AND BE IT ENACTED, That all and every part of the constitution and
form of government which relates to the court of appeals and the general court,
or the judges thereof, or that is in any manner repugnant to, or inconsistent
with, the provisions of this act, be and the same is hereby repealed, abrogated
and annulled, upon the confirmation hereof; provided, that nothing herein contained
shall be construed so as to authorise the removal of the clerks of the
respective county courts, being in commission at the time of the passing of this
act, in any other mode or manner than that prescribed by the constitution and
form of government.
    7.  AND BE IT ENACTED, That if this act shall be confirmed by the general
assembly, after the next election of delegates, in the first session after such new
election, as the constitution and form of government directs, that in such case
this act, and the alterations and amendments of the constitution and form of
government therein contained, shall be taken and considered, and shall constitute
and be valid, as a part of the said constitution and form of government
to the contrary notwithstanding.

An Act (x) to confirm an act, entitled, An act to provide for the Trial of Facts in
    the several Counties of this State, and to alter, change and abolish, all such parts
    of the Constitution and Form of Government as relate to the General Court and
    Court of Appeals.  Lib. TH. No. 1, fol. 17.
                                                (x)  1805, ch. 16.

 
    WHEREAS at a session of assembly, begun and held at the city of Annapolis
on the fifth day of November, in the year of our Lord one thousand eight hundred
and four, an act of assembly, entitled, An act to provide for the trial of
facts in the several counties of this state, and to alter, change and abolish, all
such parts of the constitution and form of government as relate to the general
court and court of appeals, was passed, to alter and repeal those parts of the constitution
and form of government that are therein mentioned.  And whereas the
said act of assembly hath been published in due form for the space of three
months next before the late general election of delegates to the house of delegates,
according to the provisions of the constitution and form of government,
and this general assembly hereby intend to confirm the said act.
    2.  BE IT ENACTED, by the General Assembly of Maryland, That the said act,
entitled, An act to provide for the trial of facts in the several counties of this
state, and to alter, change and abolish, all such parts of the constitution and 
form of government as relate to the general court and court of appeals, be and
it is hereby confirmed and made valid to every intent and purpose therein mentioned.