60 court of appeals of maryland
person of integrity and sound judgment in the law, be appointed
Chancellor: That three persons of integrity and sound judg-
ment in the law, be appointed judges of the Court now called
the Provincial Court; and that the same court be hereafter
called and known by the name of The General Court; which
Court shall sit on the western and eastern shores, for transact-
ing and determining the business of the respective shores, at
such times and places as the future Legislature of this State
shall direct and appoint.
Article 40 provided that all judges should hold
office during good behavior; and by article 48
they were to be appointed by the Governor by and
with the advice of the Council. But it will be
noted that these provisions prescribed no particu-
lar number of judges for the Court of Appeals,
and no basis of selection, geographical or other-
wise. All such details were left in the first ins-
tance, at least, to the determination of the As-
sembly, by a provision in article 61 of the consti-
tution, that,
for filling in the first instance only all the offices in the dis-
position of the Governor, with the advice of the Council, the
House of Delegates may also propose to the Senate a list of all
officers in the appointment of the Governor, with the advice of
the Council, and on the Senate concurring therein, in the recom-
mendation of any of the persons therein mentioned, such per-
sons so recommended shall be commissioned by the Governor.
In case of a disagreement there was to be a joint
ballot of the two houses.
The first session of the General Assembly under
the constitution was held in February, 1777, and
the organization of the government was then com-
pleted in the main. The forms of commissions to
be issued to judges and other officers by the state
government were fixed by a statute, chapter 5 of
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