AET. IV] JUDICIARY DEPARTMENT. 79

A rule of the court of appeals held to modify a statute, in view of the
last sentence of this section. Meloy v. Squires, 42 Md. 381. And see
Gabelein v. Plaenker, 36 Md. 64.

The court of appeals, as well as the legislature, has authority under
this section to change or modify a rule of the court of appeals. Davis v.
State, 38 Md. 61 (dissenting opinion).

Part III:—Circuit Courts.

Sec. 19. The State shall be divided into eight Judicial Circuits,
in manner following, viz: The Counties of Worcester, Somerset, Dor-
chester and Wicomico,* shall constitute the First Circuit; the Counties
of Caroline, Talbot, Queen Anne's, Kent and Cecil, the Second; the
Counties of Baltimore and Harford, the Third; the Counties of Alle-
gany, Washington and Garrett,+ the Fourth; the Counties of Carroll,
Howard and Anne Arundel, the Fifth; the Counties of Montgomery
and Frederick, the Sixth; the Comities of Prince George's, Charles,
Calvert and St. Mary's, the Seventh, and Baltimore City, the Eighth.
This section (as it stood in the constitution of 1851) referred to in con-
struing section 8—see notes thereto. How Baltimore City and Baltimore
county are treated by the constitution. Wright v. Hamner, 5 Md. 375.
And see State v. Shillinger, 6 Md. 450.

This section referred to in construing section 8—see notes thereto. Kiln-
ball v. Harman, 34 Md. 405.

Sec. 20. A Court shall be held in each County of the State, to be
styled the Circuit Court for the County in which it may be held. The
said Circuit Courts shall have and exercise, in the respective Counties,
all the power, authority and jurisdiction, original and appellate, which
the present Circuit Courts of this State now have and exercise, or which
may hereafter be prescribed by Law.

Under this section and article 15, section 2, the circuit court for Anne
Arundel county was held to be clothed with all the powers possessed by
its predecessor and was authorized to dispose of the pending case as if it
had originated with it. Truett v. Gill, 32 Md. 150.

For a case dealing with the jurisdiction of the circuit courts under the
constitution of 1851, to issue writs of error, and how the constitution
should be construed, see Manly v. State, 7 Md. 145.
See notes to sections 19 and 21.

Sec. 21. For each of the said Circuits (excepting the Eighth) there
shall be a Chief Judge and two Associate Judges, to be styled Judges
of the Circuit Court, to be elected or appointed as herein provided.
And no two of said Associate Judges shall at the time of their election,
or appointment, or during the term for which they may have been
elected or appointed, reside in the same County. If two or more persons
shall be candidates for Associate Judge in the same County, that one
only in said County shall be declared elected who has the highest num-
ber of votes in the Circuit. In case any two candidates for Associate
Judge, residing in the same County, shall have an equal number of
votes, greater than any other candidate for Associate Judge in the

*Wicomico formed since the adoption of this constitution.
+Garrett formed since the adoption of this constitution.