TITLE XXVI. The Judiciary and Judicial Proceedings. CONSTITUTION-ARTICLE IV. ARTICLE 56. Courts. ARTICLE 57. CLERKS of Courts. ARTICLE 58. ATTORNEY-GENERAL AND STATE'S ATTORNEYS. ARTICLE 60. REPORTER OF THE DECISIONS OF THE COURT OF ARTICLE 61. SHERIFFS. ARTICLE 62. JURIES. ARTICLE 63. COSTS AND FEES. ARTICLE 64. PROCEEDINGS IN ACTIONS AT LAW. ARTICLE 65. PROCEEDINGS IN EQUITY. ARTICLE 66. SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. ARTICLE 67. PROCEEDINGS AND REMEDIES IN SPECIAL CASES. ARTICLE 68. JUSTICES OF THE PEACE AND CONSTABLES. ARTICLE 69. LIMITATION OF ACTIONS. ARTICLE 70. WITNESSES AND EVIDENCE. ARTICLE 71. APPEALS AND WRITS OF ERROR. 44. Election; qualification; term; bond; va- 45. Coroners; notaries public; elisors. The judicial power, how vested. 8 Md. 227; 17 PART I.-GENERAL PROVISIONS. SECTION 1. The judicial power of this State shall be vested in a Court of Appeals, 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 Md. 331; 22 Md. be courts of record, and each shall have a seal to be used in the authentication of all process issued therefrom. The process and official character of justices of the peace shall be authenticated as hath heretofore been practiced in this State, or may hereafter be prescribed by law. 491; 32 Md. 369. Courts of record. Justices of the peace. Qualification of judges. Election of judges. 28 Md. 9; 39 Md. 386. Term of office. 10 Md. 451. SEC. 2. The judges of all of the said courts shall be citizens of the State of Maryland, and qualified voters under this Constitution, and shall have resided therein not less than five years, and not less than six months next preceding their election, or appointment, in the judicial circuit, as the case may be, for which they may be, respectively, elected or appointed. They shall be not less than thirty years of age at the time of their election, or appointment, and shall be selected from those who have been admitted to practice law in this State, and who are most distinguished for integrity, wisdom, and sound legal knowledge. SEC. 3. The judges of the said several courts shall be elected in the counties by the qualified voters in their respective judicial circuits, as hereinafter provided, at the general election to be held on the Tuesday after the first Monday in November next, and in the city of Baltimore on the fourth Wednesday of October next. Each of the said judges shall hold his office for the term of fifteen years from the time of his election, and until his successor is elected and qualified, or until he shall have attained the age of seventy years, whichever may first happen, and be re-eligible thereto until he shall have attained the age of seventy years, and not after; but in case of any judge who shall attain the age of seventy years whilst in office, such judge may be continued in office by the General Assembly for such further time as they may think fit, not to exceed the term for which he was elected, by a resolution to be passed at the session next preceding his attaining said age. In case of the inability of any of said Retiring judges judges to discharge his duties with efficiency, by reason of continued sickness for inability. or of physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each House concurring, with the appro val of the governor, to retire said judge from office. SEC. 4. Any judge shall be removed from office by the governor, on convic- Removal of tion in a court of law of incompetency, of wilful neglect of duty, misbehavior judges for incompetency, etc. in office, or any other crime, or on impeachment, according to this Constitution or the laws of the State; or on the address of the General Assembly, two-thirds of each house concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of making his defence. of vacancy. SEC. 5. After the election for judges, to be held as above-mentioned, upon the Governor to expiration of the term, or in case of the death, resignation, removal, or other appoint in case disqualification of any judge, the governor shall appoint a person duly qualified 25 Md. 173. to fill said office, who shall hold the same until the next general election for members of the General Assembly, when a successor shall be elected, whose tenure of office shall be the same as herein before provided; but if the vacancy shall occur in the city of Baltimore the time of election shall be the fourth Wednesday in October following. SEC. 6. All judges shall, by virtue of their offices, be conservators of the peace throughout the State; and no fees, perquisites, commission, or reward of any kind, shall be allowed to any judge in this State, besides his annual salary, for the discharge of any judicial duty. Judges to be conservators of the peace. No fees to judges. 1 Md. 368; 8 Md. 227. 1865, c. 66. SEC. 7. No judge shall sit in any case wherein he may be interested, or where 1852, c. 263; either of the parties may be connected with him, by affinity or consanguinity, Judges diswithin such degrees as now are or may hereafter be prescribed by law, or where qualified. 22 Md. 458; 25 Md. 173. 7 Md. 135; 8 Md. he shall have been of counsel in the case. SEC. 8. The parties to any cause may submit the same to the court for deter- 1852, c. 169, 315; mination without the aid of a jury, and in all suits or actions at law, issues 18-4, c. 325; 1874, c. 364. from the Orphans' Court, or from any court sitting in equity, and in all cases of Trial without jury. presentments or indictments for offences which are, or may be, punishable by 2 Md. 274; 5 Md. death, pending in any of the courts of law of this State, having jurisdiction 370; 6 Md. 449; thereof, upon suggestion in writing under oath of either of the parties to said 322; 11 Md. 362; 19 Md 15; 20 proceedings, that such party cannot have a fair and impartial trial in the court Md. 18; 29 Md. in which the same may be pending, the said court shall order and direct the 263, 406; 30 Md. 197; 31 Md. 5; record of proceedings in such suit or action, issue, presentment, or indictment, to 32 Md. 498, 581; be transmitted to some other court, having jurisdiction in such case, for trial; 33 Md. 500; 34 Md. 15, 401, 521; but in all other cases of presentment or indictment pending in any of the courts 38 Md. 158; 43 of law in this State, having jurisdiction thereof, in addition to the suggestion Md. 421 44 Md. 530; 6 H. & J. in writing of either of the parties to such presentment or indictment that such 270. party cannot have a fair and impartial trial in the court in which the same Removal of may be pending, it shall be necessary for the party making such suggestion to cases. make it satisfactorily appear to the court that such suggestion is true, or that there is reasonable ground for the same; and thereupon the said court shall order and direct the record of proceedings in such presentment or indictment to be transmitted to some other court, having jurisdiction in such cases, for trial; and such right of removal shall exist upon suggestions in cases when all the judges of said court may be disqualified under the provisions of this Constitution to sit in any such case; and said court to which the record of proceedings in such suit or action, issue, presentment, or indictment may be so transmitted, shall hear and determine the same in like manner as if such suit or action, issue, presentment, or indictment had been originally instituted therein; and the General Assembly shall make such modification of existing law as may be necessary to regulate and give force to this provision. Officers of court, how appointed. SEC. 9. The judge, or judges of any court, may appoint such officers for their respective courts as may be found necessary; and such officers of the courts in the city of Baltimore shall be appointed by the judges of the Supreme Bench of Baltimore City. It shall be the duty of the General Assembly to prescribe, by Compensation. law, a fixed compensation for all such officers; and said judge or judges shall, Judges to from time to time, investigate the expenses, costs and charges of their respecinvestigate and report. tive courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action. Clerks to keep records. Fees. SEC. 10. The clerks of the several courts, created, or continued by this Constitution, shall have charge and custody of the records and other papers, shall perform all the duties, and be allowed the fees, which appertain to their several offices, as the same now are, or may hereafter be regulated by law. And the office and business of said clerks, in all their departments, shall be subject to Power of judges. the visitorial power of the judges of their respective courts, who shall exercise the same, from time to time, so as to insure the faithful performance of the duties of said offices; and it shall be the duty of the judges of said courts respectively, to make, from time to time, such rules and regulations as may be necessary and proper for the government of said clerks, and for the performance of the duties of their offices, which shall have the force of law until repealed, or modified by the General Assembly. Rules for the clerks. 1853, c. 134. Election returns. 25 Md. 173; 39 Md. 387; 43 Md. 572. Plurality vote. Case of tie. 25 Md. 173; 39 Md. 386. Contested elections. New election. Style of commissions. Grants and writs. SEC. 11. The election for judges, hereinbefore provided, and all elections for clerks, registers of wills, and other officers, provided in this Constitution, except State's attorneys, shall be certified, and the returns made, by the clerks of the Circuit Courts of the counties, and the clerk of the Superior Court of Baltimore City, respectively, to the governor, who shall issue commissions to the different persons for the offices to which they shall have been, respectively, elected; and in all such elections, the person having the greatest number of votes, shall be declared to be elected. SEC. 12. If in any case of election for judges, clerks of the courts of law, and registers of wills, the opposing candidates shall have an equal number of votes, it shall be the duty of the governor to order a new election; and in case of any contested election, the governor shall send the returns to the House of Delegates, which shall judge of the election and qualification of the candidates at such election; and if the judgment shall be against the one who has been returned elected, or the one who has been commissioned by the governor, the House of Delegates shall order a new election within thirty days. SEC. 13. All public commissions and grants shall run thus: "The State of Maryland, etc.," and shall be signed by the governor, with the seal of the State annexed; all writs and process shall run in the same style, and be tested, sealed and signed, as heretofore, or as may hereafter be, provided by law; and all indictments shall conclude, "against the peace, government and dignity of the State." 1852, c. 82. Composed of eight judges. 18 Md. 202; 30 Md. 128, 130. Chief judge, how designated. Judge for Baltimore city. His duties. Jurisdiction of court. PART II.-COURT OF APPEALS. SEC. 14. The Court of Appeals shall be composed of the chief judges of the first seven of the several judicial circuits of the State, and a judge from the city of Baltimore specially elected thereto, one of whom shall be designated by the governor, by and with the advice and consent of the Senate, as the chief judge; and in all cases, until action by the Senate can be had, the judge so designated by the governor, shall act as chief judge. The judge of the Court of Appeals from the city of Baltimore shall be elected by the qualified voters of said city, at the election of judges to be held therein, as hereinbefore provided; and in addition to his duties, as judge of the Court of Appeals, shall perform such other duties as the General Assembly shall prescribe. The jurisdiction of said Court of Appeals shall be coextensive with the limits of the State, and such as now is or may hereafter be prescribed by law. It shall hold its sessions in the than ten city of Annapolis, on the first Monday in April, and the first Monday in October, of each and every year, or at such other times as the General Assembly may, by law, direct. Its sessions shall continue not less than ten months in the Sessions not less year, if the business before it shall so require; and it shall be competent for the judges, temporarily, to transfer their sittings elsewhere, upon sufficient cause. SEC. 15. Four of said judges shall constitute a quorum; no cause shall be de- Four a quorum. cided without the concurrence of at least three; but the judge who heard the Judge below not cause below, shall not participate in the decision; in every case an opinion, in Opinions in writing, shall be filed within three months after the argument, or submission of three months. the cause; and the judgment of the court shall be final and conclusive; and all Hearing at first cases shall stand for hearing at the first term after the transmission of the 20 Md. 58. record. to sit. term. SEC. 16. Provision shall be made by law for publishing reports of all causes, reports. Publishing argued and determined in the Court of Appeals, which the judges shall desig- 1852, c. 55, 351; 1854, res. 5 ; nate as proper for publication. 1867, c. 410. SEC. 17. There shall be a clerk of the Court of Appeals, who shall be elected Clerk to be by the legal and qualified voters of the State, who shall hold his office for six elected. years, and until his successor is duly qualified; he shall be subject to removal Removal. by the said court for incompetency, neglect of duty, misdemeanor in office, or such other cause, or causes, as may be prescribed by law; and in case of a va- Vacancy. cancy in the office of said clerk, the Court of Appeals shall appoint a clerk of said court, who shall hold his office until the election and qualification of his successor, who shall be elected at the next general election for members of the General Assembly; and the person, so elected, shall hold his office for the term of six years from the time of election. 29 Md. 1; 36 Md. 62, 243; 38 Md. 1939 Md. 176; The record. 42 Md. 378. Practice. Costs. SEC. 18. It shall be the duty of the judges of the Court of Appeals, as soon Rules for after their election, under this Constitution, as practicable, to make and pub- appeals. lish rules and regulations for the prosecution of appeals to said appellate court, whereby they shall prescribe the periods within which appeals may be taken, what part or parts of the proceedings in the court below shall constitute the record on appeal, and the manner in which such appeals shall be brought to hearing or determination, and shall regulate, generally, the practice of said Court of Appeals, so as to prevent delays, and promote brevity in all records and proceedings brought into said court, and to abolish and avoid all unnecessary costs and expenses in the prosecution of appeals therein; and the said judges shall make such reductions in the fees and expenses of the said court, as Reduction of they may deem advisable. It shall also be the duty of said judges of the Court of fees. Appeals, as soon after their election as practicable, to devise and promulgate, Rules in equity. by rules, or orders, forms and modes of framing and filing bills, answers, and other proceedings and pleadings in equity; and also forms and modes of taking and obtaining evidence, to be used in equity cases; and to revise and regulate, generally, the practice in the courts of equity of this State, so as to prevent delays, and to promote brevity and conciseness in all pleadings and proceedings therein, and to abolish all unnecessary costs and expenses attending the same. And all rules and regulations hereby directed to be made, shall, when made, have the force of law, until rescinded, changed, or modified by the said judges, or the General Assembly. PART III.-CIRCUIT COURTS. SEC. 19. The State shall be divided into eight judicial circuits, in manner Eight judicial following, viz. The counties of Worcester, Somerset, and Dorchester, shall circuits. constitute the first circuit; the counties of Caroline, Talbot, Queen Anne's, Kent, and Cecil, the second; the counties of Baltimore and Harford, the third; the counties of Allegheny and Washington, the fourth; the counties of Carroll, Howard, and Anne Arundel, the fifth; the counties of Montgomery |