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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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in the name of the State, for such sums of
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money as may be collected by him, and
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forthwith make return of and pay over the
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same to the proper accounting officer. And
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the State's Attorney of each county, and
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the City of Baltimore, before he shall enter
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on the discharge of his duties, and from
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time to time thereafter, shall give such
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corporate surety bond as may hereafter be
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prescribed by Act of the General Assembly.
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ARTICLE 5. JUDICIAL BRANCH
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Section 5.01. Judicial Power.
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See Art. 8, Declaration of Rights, at
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The judicial power of the State shall be
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Section 3.01 for separation of powers.
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vested exclusively in a unified judicial system
composed of the Court of Appeals, the In-
termediate Appellate Court, the Superior
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ARTICLE IV.
JUDICIARY DEPARTMENT.
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Court, and the District Court.
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Part I. General Provisions.
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Section 1. The Judicial power of this
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State shall be vested in a Court of Appeals,
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and such intermediate courts of appeal, as
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shall be provided by law by the General
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Assembly, Circuit Courts, Orphans' Courts,
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such Courts for the City of Baltimore, as
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are hereinafter provided for, and Justices
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of the Peace; all said Courts shall be Courts
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of Record, and each shall have a seal to be
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used in the authentication of all process
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issuing therefrom. The process and official
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character of Justices of the Peace shall be
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authenticated as hath heretofore been prac-
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ticed in this State, or may hereafter be
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prescribed by Law.
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Court of Appeals
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Section 5.02. Jurisdiction.
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Sec. 14..... The jurisdiction of the Court
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The Court of Appeals shall be the highest
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of Appeals shall be co-extensive with the
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court of the State and shall have the appel-
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limits of the State and such as now is or may
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late jurisdiction prescribed by law and the
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hereafter be prescribed by law.......
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original jurisdiction prescribed by this Con-
stitution.
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Sec. 15... . . and the judgment of the
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Court of Appeals shall be final and con-
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clusive.
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Section 5.03. Rule-Making Power.
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Sec. 18. It shall be the duty of the
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The Court of Appeals shall have power to
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Judges of the Court of Appeals to make and
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prescribe rules governing practice and proce-
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publish rules and regulations for the pros-
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dure in all courts; governing the admission
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ecution of appeals to the appellate Courts,
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of persons to practice law in this State and
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whereby they shall prescribe the periods
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their discipline; and governing the adminis-
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within which appeals may be taken, what
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tration of the courts, officers of the judicial
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part or parts of the proceedings in the
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branch, and officers of the executive branch
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Court below shall constitute the record on
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to the extent that their duties directly relate
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appeal, and the manner in which such
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to the enforcement of judicial orders. The
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appeals shall be brought to hearing or
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General Assembly shall have concurrent pow-
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determination, and shall regulate, generally,
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er to regulate by law the matters enumerated
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the practice of said Court of Appeals and
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in this section, except when these matters are
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any intermediate courts of appeal so as
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