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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 78   View pdf image (33K)
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78 CONSTITUTION OF MARYLAND. [ART. IV

Sec. 17. There shall be a Clerk of the Court of Appeals, who shall
be elected by the legal and qualified voters of the State, who shall hold
his office for six years, and until his successor is duly qualified; he
shall be subject to removal by the said Court for incompetency, neglect
of duty, misdemeanor in office, or such other cause or causes as may be
prescribed by law; and in case of a vacancy in the office of said Clerk,
the Court of Appeals shall appoint a Clerk of said Court, who shall
hold his office until the election and qualification of his successor, who
shall be elected at the next general election for members of the General
Assembly; and the person so elected shall hold his office for the term
of six years from the time of election.

The portion of this section dealing with the removal of the clerk con-
trasted with a similar portion of section 37—see notes to the latter section.
Dowling v. Smith, p Md. 268.

This section referred to in construing sections 11, 12 and 25—see notes to
the latter section. Wells v. Munroe, 86 Md. 450.

Sec. 18. It shall be the duty of the Judges of the Court of Appeals,
as soon after their election under this Constitution as practicable, to
make and publish rules and regulations for the prosecution of appeals
to said appellate court whereby they shall prescribe the periods within
which appeals may be taken, what part or parts of the proceedings in the
court below shall constitute the record on appeal and the manner in
which such appeals shall be brought to hearing or determination, and
shall regulate, generally, the practice of said Court of Appeals so as to
prevent delays and promote brevity in all records and proceedings
brought into said court, and to abolish and avoid all unnecessary costs
and expenses in the prosecution of appeal's therein; and the said Judges
shall make such reductions in the fees and expenses in the said court as
they may deem advisable. It shall also be the duty of said Judges of
the Court of Appeals, as soon after their election as practicable, to
devise and promulgate by rules or orders, forms and modes of framing
and filing bills, answers and other proceedings and pleadings in Equity;
and also forms and modes of taking and obtaining evidence, to be used
in Equity cases; and to revise and regulate, generally, the practice in
the Courts of Equity of this State, so as to prevent delays, and to pro-
mote brevity and conciseness in all pleadings and proceedings therein,
and to abolish all unnecessary costs and expenses attending the same.
And all mies and regulations hereby directed to be made shall, when
made, have the force of Law until rescinded, changed or modified by
the said Judges, or the General Assembly.

This section referred to in upholding the validity of the portion of the
act of 1880, chapter 6, directing a judge who discharges a party on
habeas corpus on the ground of the unconstitutionality of the statute
under which he was convicted, to reduce his opinion to writing within
five days and transmit the original papers, etc., to the clerk of the court
of appeals, and directing the court of appeals to consider the case at the
earliest practicable time and to give its opinion in writing. State v,
Glenn, 54 Md. 595.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 78   View pdf image (33K)
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