770 LAWS OF MARYLAND. [CH. 703
The appeal may be prosecuted without payment of costs if
the trial judge so orders, or if permitted by the Court of Ap-
peals on application. If the State shall forthwith enter an
appeal at the time of the decision of the case such appeal shall
operate as a stay of the judge's order, but the judge may, in
his discretion, in such case admit the petitioner to bail for his
appearance before him when required.
3D. The provisions of Sections 3A, 3B and 30 shall not
apply to any case unless the petitioner is detained for or con-
fined as the result of a prosecution for a criminal offense.
SEC. 2. And 'be it further enacted, That this Act shall take
effect June 1, 1945.
Approved April 23, 1945.
CHAPTER 703.
(Senate Bill 37)
AN ACT to propose an amendment to Section 5 of Article 4 of
the Constitution of the State of Maryland, title "Judiciary
Department", sub-title "Part 1. General Provisions", relat-
ing to the vacancies in the office of the Chief Judge of the
Supreme Bench of Baltimore City and to provide for the
submission of said amendment to the qualified voters of the
State of Maryland for adoption or rejection.
SECTION 1. Be it enacted by the General Assembly of Mary-
land (three-fifths of all the members of each of the two Houses
concurring), That the following be and the same is hereby pro-
posed as an amendment to Section 5 of Article 4 of the Con-
stitution of the State of Maryland, title "Judiciary Depart-
ment", sub-title "Part 1. General Provisions", the same, if
adopted by the legally qualified voters of the State, as herein
provided, to become Section 5 of Article 4 of the Constitution
of the State of Maryland.
PART I—GENERAL PROVISIONS.
SEC. 5. Upon every occurrence or recurrence of a vacancy
through death, resignation, removal, disqualification by reason
of age or otherwise, or expiration of the term of 'fifteen years
of any judge, or creation of the office of any judge, or in any
other way, the Governor shall appoint a person duly qualified
to fill said office, who shall hold the same until the election and
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