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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 121   View pdf image (33K)
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JUDICIARY DEPARTMENT. 121

Sec. 21. For each of the said circuits (excepting the eighth and the third)
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 for the
third circuit there shall be a chief judge and three 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 for any of the said circuits
except the third circuit 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 asso-
ciate judge in the same county in any of the circuits except the third cir-
cuit, that one only in said county shall be declared elected who has the
highest number of votes in the circuit. In case any two candidates for
associate judge in any of the circuits except the third circuit, residing in
the same county, shall have an equal number of votes greater than any
other candidates for associate judge in the circuit, it shall be the duty
of the Governor to order a new election for one associate judge; but the
person residing in any other county of the circuit and who has the highest
number of votes shall be declared elected. The said judges shall hold not
less than two terms of the Circuit Court in each of the counties composing
their respective circuits, at such times as are now or may hereafter be pre-
scribed to which jurors shall be summoned; and in those counties where
only two such terms are held, two other and intermediate terms, to which
jurors shall not be summoned; they may alter or fix the times for holding
any or all terms, until otherwise prescribed, and shall adopt rules to the
end that all business not requiring the interposition of the jury shall be,
as far as practicable, disposed of at said intermediate terms. One judge
in each of the above circuits, including the third circuit, shall constitute a
quorum for the transaction of any business; and the said judges or any of
them may hold special terms of their Courts, whenever in their discretion,
the business of the several counties renders such terms necessary. The addi-
tional associate judge for the third circuit herein provided for, shall be
elected by the qualified voters of Baltimore and Harford counties,. at the
first election that shall be held in said counties subsequent to the adoption
of this amendment, and the judge so elected shall be subject to the same
constitutional provisions, hold his office for the same term of years, receive
the same comp'ensation and have the same powers as are herein provided
for the other associate judges in the third circuit.1

The portion of this section providing that one judge shall constitute a quorum,

referred to in construing art. 8 of the Declaration of Rights—see notes thereto.

Robey v. Prince George's County, 92 Md. 163. And see Beasley v. Ridout, 94

Md. 659.
Non-jury terms or, as designated in this section, "intermediate terms' to which

jurors shall not be summoned," held to be regular terms. Downs v. State, 78

Md. 130.
This section referred to in upholding certain rules of the circuit court for Prince

George's county dealing with jury and non-jury cases. Gambrill v. Parker, 31 Md. 5.
See notes to art. 4, secs. 19 and 32.

Sec. 22. Where any Term is held, or trial conducted by less than the
whole number of said Circuit Judges, upon the decision or determination

1 Thus amended by the act of 1912, ch. 515, ratified November 4, 1913.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 121   View pdf image (33K)
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