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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 147   View pdf image (33K)
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[Art. 15] MISCELLANEOUS 14Y

Sec 6 The right of trial by Jury of all issues of fact in civil proceedings
in the several Courts of Law in this State, where the amount in controversy
exceeds the sum of five dollars, shall be inviolably preserved.

The workmen's compensation act of Maryland does not violate this section—see notes
to art 101, sec 14, An Code Solvuca v Ryan & Reilly Co, 131 Md 281

The legislature evidently intended in adopting art 101 of the Code, "Workmen's
Compensation, " to secure to the party appealing from the decision of the commission
the benefit of this section Frazier v Leas, 127 Md 577

Art 75, sec 74, An Code, providing that when a new trial was ordered it might be
stayed until the costs already incurred were paid, held not to violate this section or
art 19 of the Declaration of Rights This section must receive a reasonable construction
Art 75, sec 74, may be invoked either by the plaintiff or by the defendant The "jury
trial" meant by this section is the historical jury trial as it existed when the Constitu-
tion was adopted Knee v City Passenger Ry Co, 87 Md 624

Sec 248 of art 16 of the An Code providing that where property is resold at the,
risk of a defaulting purchaser, the court may direct any deficit to be paid by such
purchaser, held not to violate this section There is no reference in this section to a
trial of an issue of fact m another jurisdiction, a court of equity for instance Capron v
Devries, 83 Md 224

An ordinance of the city of Baltimore (passed in pursuance of the act of 1878, ch 143),
which provided that the city court might consolidate appeals in cases involving the
condemnation of land for the opening of streets, held invalid under this section Frieden-
wald v Baltimore, 74 Md 124

The right of removal of a case may be surrendered or waived, waiver made out
Caledonian Fire Ins Co v Traub, 86 Md 93

This section referred to m upholding the right of a court to hear and decide (without
a jury) a motion to quash an attachment Howard v. Oppenheimer, 25 Md. 365,
Union Trust Co v Knabe, 122 Md 602

This section referred to m dealing with art 4, sec 39—see notes thereto City Pas-
senger Ry Co v Nugent, 86 Md 360

This section (as it stood m the Constitution of 1851) referred to m construing art 4,
secs 10 and 19, of the Constitution of 1851—see notes to art 4, secs 28 and 42 State v
Mace, 5 Md 349

Art 16, sec 255, of Code, not invalid under this section—see notes thereto Balto
Process Co v My-Coca Co, 144 Md 445

Application for compensation under Workmen's Compensation Act is essentially
different from civil proceeding in a court of law, jury trial does not include right to fix
amount of compensation Branch v Indemnity Ins Co, 156 Md 483

Cited but not construed in Johnson & Higgins v Simpson, 165 Md 89

This section referred to in construing Art 11, Sec. 97 of Code Allender v Ghingher,
170 Md 167

See notes to art 23 of the Declaration of Rights and to art 72, sec 108, An Code

See arts 5 and 20 of the Declaration of Rights, and art 4, secs 8 and 39, Md
Constitution

Sec. 7. All general elections in this State shall be held on the Tuesday
next after the first Monday in the month of November, in the year in which
they shall occur; and the first election of all officers, who, under this Con-
stitution, are required to be elected by the people, shall, except in cases
herein specially provided for, be held on the Tuesday next after the first
Monday of November, in the year eighteen hundred and sixty-seven.
See notes to art 15, sec 3, and art 4, secs 5 and 25

Sec. 8. The Sheriffs of the several Counties of this State, and of the
City of Baltimore, shall give notice of the several elections authorized by
this Constitution, in the manner prescribed by existing Laws for elections
to be held in this State, until said Laws shall be changed.

Sec. 9. The term of office of all Judges and other officers, for whose
election provision is made by this Constitution, shall, except in cases other-
wise expressly provided herein, commence from the time of their election;
and all such officers shall qualify as soon after their election as practicable,
and shall enter upon the duties of their respective offices immediately upon
their qualification, and the term of office of the State Librarian and of
Commissioner of the Land Office shall commence from the time of their
appointment.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 147   View pdf image (33K)
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