COMPARISON OF CONSTITUTIONS

	PROPOSED CONSTITUTION OF 1968	CONSTITUTION OF 1867
		Five of the judges shall constitute a
		quorum, and five judges shall sit in each
		case unless the Court shall direct that an
		additional judge or judges sit for any case.
		The concurrence of a majority of those
		sitting shall be sufficient for the decision
		of any cause, and an equal division of those
		sitting in a case has the effect of affirming
		the decision appealed from if there is no
		application for re-argument as hereinafter
		provided. In any case where there is an
		equal division or a three to two division of
		the Court a re-argument before the full
		Court of seven judges shall be granted to
		the losing party upon application as a
		matter of right.
	Section 5.05. Chief Judge of Court of Ap-	Sec. 14..... One of the Judges of the
	peals.	Court of Appeals shall be designated by
	The governor shall fill a vacancy in the	the Governor as the Chief Judge. . . .
	office of chief judge of the Court of Appeals
	by designating one of the judges of the Court of Appeals to be chief judge for the	Sec. 18A..... In the absence of the Chief Judge of the Court of Appeals the
	remainder of his service on the Court, or un-	provisions of this section shall be applicable
	til he resigns the office of chief judge. The	to the senior judge present in said Court
	associate judge senior in service on the Court	of Appeals.......
	of Appeals shall have the powers and duties
	of the office when the chief judge is absent,
	or when the Court of Appeals determines
	that he is unable to serve, or when the office
	is vacant.
	Intermediate Appellate Court
	Section 5.06. Jurisdiction.	Sec. 14A. The General Assembly may by
	The Intermediate Appellate Court shall	Law create such intermediate courts of
	have the jurisdiction prescribed by law.	appeal, as may be necessary. The General
		Assembly may prescribe the intermediate
		appellate jurisdiction of these courts of
		appeal, and all other powers necessary for
		the operation of such courts.
	Section 5.07. Composition.	Sec. 14 A. The General Assembly may by
	The Intermediate Appellate Court shall	Law create such intermediate courts of
	consist of five judges, unless the number is	appeal, as may be necessary.......
	increased by law. The Intermediate Appel-
	late Court may sit in divisions. At least three	Sec. 14B. No member of the General
	judges shall sit in each case.	Assembly at which the addition of Section
		14A was proposed, if otherwise qualified,
		shall be ineligible for appointment or
		election as a judge of any intermediate
		court of appeal, established by law by the
		General Assembly pursuant to said Section
		14 A, by reason of his membership in such
		General Assembly.
	Superior Court	Part III. Circuit Courts.
	Section 5.08. Jurisdiction.	Sec. 19. The State shall be divided into
	The Superior Court shall have original ju-	eight Judicial Circuits, in manner following,

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