516

CONSTITUTION — ART. IV.

and Frederick, the sixth; the counties of Prince George's, Charles, Calvert,

1852, c 16 31, 75,
111, 136, 219, 336,
344, 1853, c 181,
238 406
A court in each
county
32 Md 147.

Jurisdiction.

and St. Mary's, the seventh; and Baltimore City, the eighth.
SEC -20 A court shall be held in each county of the Slate, to be styled the
Circuit Court, for the county in which it may be held The said Circuit Courts
ahull have and exercise, in the respective counties, all the power, authority,
and jurisdiction, original and appellate, which the present Circuit Courts of
this State now have and exercise, or which may hereafter be prescribed by law.

Chief judge and
two associates
31 Md 1.

SEC 21 For each of the said circuits (excepting the eighth), 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 no two of said associate
judges shall, at the time of their election or appointment, or during the term

Residence

for which they have been elected or appointed, reside in the same county. If
two or more persons shall be candidate's for associate judge in the same county,
that one only in said county shall be declared elected who has the highest num-

Case of tie.

ber of votes in the circuit. In case any two candidates for associate judge, re-
siding in the same county, shall have an equal number of votes, greater than
any other candidate for associate judge in the circuit, it shall be the duty of
the governor to order a new election fur one associate judge; but the person
residing in any other county of the circuit, and who has the next highest num-

Two terms a
year.

ber 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 re-
spective circuits, at such times as are now or may hereafter be prescribed, to
which jurors shall be summoned; and in those counties where only two such

Intermediate
terms

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 re-
quiring the interposition of a jury shall be, as far as practicable, disposed of at

One judge may

slt.

said intermediate terms One judge, in each of the above circuits, shall con-
stitute a quorum for the transaction of any business; and the said judges, or

Special terms

any of them, may hold special terms of their courts, whenever, in their dis-
cretion, the business of the several counties renders such terms necessary.

Points reserved
to be heard in
bane
47 Md. 170.

Sic 22 Where any term is held, or trial conducted by less than the whole
number of said circuit judges, upon the decision or determination of tiny point
or question by the court, it shall be competent to the party, against whom the
ruling or decision is made, upon motion, to have the point or question re-
served for the consideration of the three judges of the circuit, who shall con-

Rules therefor

stitute a court in banc for such purpose; and the motion for such reservation
shall be entered of record during the sitting at which such decision may be
made; and the several Circuit Courts shall regulate, by rules, the mode and
manner of presenting such points or questions to the court in bane; and the
decision of the said court in bane shall be the effective decision in the premises,

Right of appeal,
not precluded.

and conclusive, us against the party, at whoso motion snid points or questions
were reserved , but such decision in bane shall not preclude the right of appeal
or writ of error to the adverse party, in those cases, civil or criminal, in which

Not to apply to
appeals from
justices of the
peace and cer-
tain criminal
cases.

appeal or writ of error to the Court of Appeals nifty be allowed by law The
right of having questions reserved shall not, however, apply to trials of ap-
peals from judgments of justices of the peace, nor to criminal cases below the
grade of felony, except when the punishment is confinement in the peniten-
tiary , and this section shall be subject to such provisions as may hereafter be
made by law

Opinions in two
months.

SEC. 23 The judges of the respective Circuit Courts of this State, and of the
courts of Baltimore city, shall render their decisions, in all cases argued before
them, or submitted for their judgment, within two months after the same shall
have been so argued or submitted

Salaries not to
be diminished

SEC 24 The salary of each chief judge, and of the judge of the Court of
Appeals from the city of Baltimore, shall be three thousand five hundred dol-