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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 76   View pdf image (33K)
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76 CONSTITUTION OF MARYLAND. [ART. IV

This section referred to in construing article 4, section 11, and article 5,
section 2—see notes thereto. Groome v. Gwinn, 43 Md. 635 (concurring
opinion).

See notes to sections 11, 25 and 40.

Sec. 13. All Public Commissions and Grants shall run thus: "The
State of Maryland, &c.," 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."

The last clause of this section is mandatory and will be enforced. State
v. Dycer, So Md. 252.
See notes to section 12.

Part II:—Court of Appeals.

Sec. 14. The Court of Appeals shall be composed of the Chief
Judge of the first seven of the several Judicial Circuits of the State
and a Judge from the City of Baltimore specially elected thereto, one
of whom shall be designated by the Governor, by and with the advice
and consent of the Senate, as the Chief Judge; and in all cases until
action by the Senate can be had, the Judge so designated by the Gov-
ernor shall act as Chief Judge. The Judge of the Court of Appeals
from the City of Baltimore shall be elected by the qualified voters of
said city at the election of Judges to be held therein, as hereinbefore
provided; and in addition to his duties as Judge of the Court of
Appeals, shall perform such other duties as the General Assembly shall
prescribe. The jurisdiction of said Court of Appeals shall be co-exten-
sive 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 Annap-
olis, oh the first Monday in April, and the first Monday in October;
[on the second Monday in January, the first Monday in April and the
first Monday in October]* of each and every year, or at such other
times as the General Assembly may by Law direct. Its sessions shall
continue not less than ten months in the 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 legislature may confer on the court of appeals the right to hear
appeals in special cases, but such law must leave the judicial functions
of the court untrammeled. The act of 1862. chapter 2, authorizing the court
of appeals to hear and determine the appeal of the State against the
Northern Central Railway Company, held valid. State v. Northern Central
Ry. Co., 18 Md. 210; Prout v. Berry. 2 Gill. 147.

The act of 1809. chapter 125—see article 42 of the Annotated Code—
empowering the judges of the court of appeals in vacation to grant the
writ of habeas corpus, held to be still in force under the constitution of
1851; but article 4, section 2, of that constitution, was designed to withhold
the above powers from the court of appeals as such. The above powers,
however, may be claimed by the individual judges of the court of appeals
under article 4, section 6, of the constitution. The legislature cannot con-
fer original jurisdiction upon the court of appeals, though that court may

Terms thus arranged by act of 1886, chapter 185.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 76   View pdf image (33K)
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