120 CONSTITUTION OP MARYLAND.
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 promote brevity and conciseness in all pleadings and proceedings
therein, and to abolish all unnecessary costs and expenses attending the
same. And all rules 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made, have the force of Law until rescinded, changed or modified by the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.
For a rule adopted by the court of appeals under this section re suits by persons
under disability, see art. 16, sec. 162, An. Code. In re Paca, 140 Md. 51.
This section referred to in upholding the validity of the portion of the act of
1880, ch. 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 court to consider the case
at the earliest practicable time and give its opinion in writing. State v. Glenn,
54 Md. 595.
A rule of the court of appeals held to modify a statute, in view of the last sen-
tence 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 court. Davis v. State, 38 Md. 61 (dissenting opinion).
Part III:—Circuit Courts.
Sec. 19. The State shall be divided into eight Judicial Circuits, in man-
ner following, viz: The Counties of Worcester, Somerset, Dorchester and
Wicomico,1 shall constitute the First Circuit; the Counties of Caroline,
Talbot, Queen Anne's, Kent and Cecil, the Second: the Counties of Balti-
more and Harford, the Third; the Counties of Allegany, Washington and
Garrett,2 the Fourth; the Counties of Carroll, Howard and Anne Arundel,
the Fifth; the Counties of Montgomery and Frederick, the Sixth; the
Counties 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 construing
sec. 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 sec. 8—see notes thereto. Kimball 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 Cir-
cuit Courts of this State now have and exercise, or which may hereafter be
prescribed by Law.
Under this section and art. 15, sec. 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 Consti-
tution of 1851, to issue writs of error, and how the Constitution should be con-
strued, see Manly v. State, 7 Md. 145.
See notes to secs. 19 and 21.
1 Wicomico formed since the adoption of this Constitution.
2 Garrett formed since the adoption of this Constitution.
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