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Volume 664, Page 167   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867


in the name of the State, for such sums of


money as may be collected by him, and


forthwith make return of and pay over the


same to the proper accounting officer. And

the State's Attorney of each county, and

the City of Baltimore, before he shall enter

on the discharge of his duties, and from

time to time thereafter, shall give such

corporate surety bond as may hereafter be


prescribed by Act of the General Assembly.

ARTICLE 5. JUDICIAL BRANCH


Section 5.01. Judicial Power.

See Art. 8, Declaration of Rights, at

The judicial power of the State shall be

Section 3.01 for separation of powers.

vested exclusively in a unified judicial system
composed of the Court of Appeals, the In-
termediate Appellate Court, the Superior

ARTICLE IV.
JUDICIARY DEPARTMENT.

Court, and the District Court.

Part I. General Provisions.


Section 1. The Judicial power of this


State shall be vested in a Court of Appeals,


and such intermediate courts of appeal, as


shall be provided by law by the General


Assembly, Circuit Courts, Orphans' Courts,


such Courts for the City of Baltimore, as


are hereinafter provided for, and Justices


of the Peace; all said Courts shall be Courts


of Record, and each shall have a seal to be


used in the authentication of all process


issuing therefrom. The process and official


character of Justices of the Peace shall be


authenticated as hath heretofore been prac-


ticed in this State, or may hereafter be


prescribed by Law.

Court of Appeals


Section 5.02. Jurisdiction.

Sec. 14..... The jurisdiction of the Court

The Court of Appeals shall be the highest

of Appeals shall be co-extensive with the

court of the State and shall have the appel-

limits of the State and such as now is or may

late jurisdiction prescribed by law and the

hereafter be prescribed by law.......

original jurisdiction prescribed by this Con-
stitution.

Sec. 15... . . and the judgment of the


Court of Appeals shall be final and con-


clusive.

Section 5.03. Rule-Making Power.

Sec. 18. It shall be the duty of the

The Court of Appeals shall have power to

Judges of the Court of Appeals to make and

prescribe rules governing practice and proce-

publish rules and regulations for the pros-

dure in all courts; governing the admission

ecution of appeals to the appellate Courts,

of persons to practice law in this State and

whereby they shall prescribe the periods

their discipline; and governing the adminis-

within which appeals may be taken, what

tration of the courts, officers of the judicial

part or parts of the proceedings in the

branch, and officers of the executive branch

Court below shall constitute the record on

to the extent that their duties directly relate

appeal, and the manner in which such

to the enforcement of judicial orders. The

appeals shall be brought to hearing or

General Assembly shall have concurrent pow-

determination, and shall regulate, generally,

er to regulate by law the matters enumerated

the practice of said Court of Appeals and

in this section, except when these matters are

any intermediate courts of appeal so as

167


 

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