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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 82   View pdf image (33K)
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82 CONSTITUTION OF MARYLAND. [ART. IV

Sec. 23. The Judges of the respective Circuit Courts of this State,
and of the Courts of Baltimore City, shall render their decisions in
all cases argued before them, or submitted for their judgment, within
two months after the same shall have been so argued or submitted.

Sec. 24. The salary of each Chief Judge, and of the Judge of the
Court of Appeals from the City of Baltimore, shall be three thousand
five hundred dollars, and of each Associate Judge of the Circuit Court,
shall be two thousand eight hundred dollars per annum payable quar-
terly, and shall not be diminished during his continuance in office.*

Under article 4, section 28, and under article 1, section 7, of the con-
stitution of 1864, it was held, notwithstanding the language used in article
4, section 3, of the same constitution, that a judge was not entitled to
salary between the date of his qualification after the election returns and
the date of his qualification after the house of delegates established his
right to the office. Jump v. Spence, 28 Md. 10.

Sec. 25. There shall be a Clerk of the Circuit Court for each
County, who shall be elected by a plurality of the qualified voters of
said County, and shall hold his office for six years from the time of
his election, and until his successor is elected and qualified, and be
re-eligible, subject to be removed for wilful neglect of duty or other
misdemeanor in office, on conviction in a Court of Law. In case of a
vacancy in the office of Clerk of a Circuit Court, the Judges, of said
Court shall have power to fill such vacancy until the general election
for Delegates to the General Assembly, to be held next thereafter, when
a successor shall be elected for the term of six years.

The title to an office conferred upon a clerk who has been returned
elected, received a commission under section 11 and duly qualified, is not
that conferred on a person who has been elected as provided in this sec-
tion ; hence such incumbent is not entitled to a full term of six years
under this section which could only begin,"from the time of his election."
The "vacancy" contemplated by this section is one that occurs after an
election by the voters. Where the house of delegates acting under section
12 declares an incumbent (holding under section 11) not entitled to the
office, an election should be held at the earliest possible moment; if it
can not be held at the time the house of delegates appoints, then it may
be held at the general election as mentioned in article 15, section 7; the
person so elected is entitled to the full term, to begin from his election.
Meaning of the word "vacancy" as used in this section. Wells v. Munroe,
86 Md. 446. And see Ijams v. Duvall, 85 Md. 261; Sansbury v. Middleton,
. 11 Md. 296.

Under article 4, section 14, of the constitution of 1851, a clerk held over
at the expiration of his term until his successor qualified. Sappington v.
Scott, 14 Md. 52.

Article 4, section 16, of the constitution of 1851, referred to in con-
struing article 7, section 8, of the constitution of 1851—see notes to article
7, section 1. Washington County v. Nesbitt, 6 Md. 471.

This section referred to in construing sections 11 and 12—see notes
thereto. Brooke v. Widdecombe, 39 Md. 398.
See notes to section 37.
See article 17 of the Annotated Code.

*By the act of 1892. chapter 388, the salary of the chief judges was increased to
four thousand five hundred dollars, and of the associate judges to three thousand
six hundred dollars per annum. See also act of 1908, chapter 180.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 82   View pdf image (33K)
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