100 CONSTITUTION OF MARYLAND [Art. 4]
below shall constitute the, record on appeal and the manner in which such
appeals shall be brought to hearing or determination, and shall regulate,
generally, the practice of said Court of Appeals so as to prevent delays and
promote brevity in all records and proceedings brought into said court, and
to abolish and avoid all unnecessary costs and expenses in the prosecution
of appeals therein; and the said Judges shall make such reductions in the
fees and expenses in the said court as they may deem advisable. It shall
also be the duty of said Judges of the Court of Appeals, as soon after their
election as practicable, to devise and promulgate by rules or orders, forms
and modes of framing and filing bills, answers and other proceedings and
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made, have the force of Law until rescinded, changed or modified by the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. 169, 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
unconstitutionally 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 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 court. Davis v. State, 38 Md. 61 (dissenting opinion).
Cited but not construed in Quenstedt v. Wilson, 173 Md. 17. See notes to art. 8
of Declaration of Rights.
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.
Cited in holding that judges' salaries are not subject to State income tax (1937, Sp.
Sess., ch. 11). Gordy v. Dennis, 176 Md. 114.
Cited in Fooks' Executors v. Ghingher, 172 Md. 625.
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,
1 Wicomico formed since the adoption of this Constitution.
2 Garrett formed since the adoption of this Constitution.
|
|