JUDICIARY DEPARTMENT. 11

shall be permitted to continue in office in accordance with the resolution
of the General Assembly in each case. In case of the inability of any of
said Judges to discharge his duties with efficiency, by reason of continued
sickness, or of physical or mental infirmity, it shall be in the power of the
General Assembly, two-thirds of the members of each House concurring,
with the approval of the Governor, to retire said Judge from office. ¹

Sec. 7.

Cited but not construed in Ex parte Bowles, 164 Md. 325.

Sec. 8.

In view of this section, action of lower court in refusing to remove case will
be affirmed in absence of evidence of arbitrary action, or abuse of, or refusal to
exercise, discretion. Allers v. State, 144 Md. 78.

There is no right of removal in a proceeding for a writ of mandamus. Balti-
more v. Libowitz, 159 Md. 29.

This section cited in Lee v. State, 161 Md. 432.

Pleas attacking propriety of proceedings in grand jury room not required
to be filed in court before removal of case to another jurisdiction. Coblentz v.
State, 164 Md. 563.

Sec. 15.

Four judges of Court of Appeals constitute quorum. Motion for re-argument
where case affirmed because judges were equally divided, overruled. Ewell v.
Kefauver, 148 Md. 317.

Sec. 18.

See notes to art. S of Declaration of Eights.

Sec. 20.

This section referred to in construing art. 23, sec. 404, of Code—see notes
thereto. Public Serv. Commn, v. Byron, 153 Md. 476.

Cited in dissenting opinion in In re Rickell's Estate, 158 Md. 665.

Sec. 21. For each of the said circuits, excepting the eighth and the
third and the sixth, 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 and for the sixth 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 and
sixth circuits 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 in any of the circuits, except the third and sixth
circuits, 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 and sixth circuits,
residing in the same county shall have an equal number of votes greater

1 Thus amended by act of 1931, ch. 479, and ratified by the people November, 1932.