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justice according to the law and the evidence; but no person shall be
convicted without the concurrence of two-thirds of all the Senators elected.

SEC. 27. Any bill may originate in either House of the General As-
sembly, and be altered, amended, or rejected by the other; but no bill shall
originate in either House during the last ten days of the session, unless two-
thirds of the members elected thereto shall so determine by yeas and nays;
not shall any bill become a law, until it be read on three different days of
the session in each House, unless two-thirds of the members elected to the
House, where such bill is pending, shall so determine by yeas and nays;



382 CONSTITUTION OF THE

and no bill shall be read a third time until it shall have been actually en
grossed for a third reading.

SEC. 28. No bill shall become a law unless it be passed in each House
by a majority of the whole number of membeis elected, and on its final
passage, the yeas and nays be recorded; nor shall any resolution, requiring
the action of both houses, be passed except in the same manner.

SEC. 29. The style of all laws of this State shall be, "Be it enacted by
the General Assembly of Maryland:" and all laws shall be passed by orig-
inal bill; and every law enacted by the General Assembly shall embrace
but one subject, and that, shall be described in its title; and no law, nor
section of law, shall be revived or amended by reference to its title, or sec-
tion only; nor shall any law be construed by reason of its title, to grant
powers, or confer rights which are not expressly contained in the body of
the Act; and it shall be the duty of the General Assembly, in amending any
article or section of the Code of Laws of this State, to enact the same, as
the said article, or section would read when amended. And whenever the
General Assembly shall enact any public general law, not amendatory of any
section, or article in the said Code, it shall be the duty of the General As-
sembly to enact the same, in articles and sections, in the same manner as
the Code is arranged, and to provide for the publication of all additions and
alterations, which may be made to the said Code.

SEC. 30. Every bill, when passed by the General Assembly, and sealed
with the Great Seal, shall be presented to the Governor, who, if he approves
it, shall sign the same in the presence of the presiding officers and chief
clerks of the Senate and House of Delegates. Every law shall be recorded
in the office of the Court of Appeals, and in due time, be printed, published
and certified under the Great Seal, to the several courts, in the same manner
as has been heretofore usual in this State.

SEC. 31. No law passed by the General Assembly shall ta'. 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 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 practiced in this State, or may hereafter be prescribed by law.

SEC. 2. The Judges of all the said courts shall be citizens of the State ot
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
shsll be not less than thirty years of age at the time of their election, or



STATE OF MARYLAND ;«7

appointment, and sliall be selected from those who have been admitted to
practise 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 judici^ 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 ofTice
for the term of fifteen years from the time of his election, and until his suc-
cessor is elected and qualified, or until he shall have attained the age of
seventy years, whichever may first happen, and be re-eUgible 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 oiTice 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 Judges to discharge his duties
with efficiency, by reason of continued sickness, 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 approval of the Governor,
to retire said Judge from office.

SEC. 4. Any Judge shall be removed from office by the Governor, on
conviction in a court of law, of incompetency, of wilful neglect of duty,
misbehavior in oiSce, 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.

SEC. 5. After the election for Judges, as hereinbefore provided, there
shall be held in this State, in every fifteenth year thereafter, on the Tuesday
after the first Monday in November of such year, an election for Judges as
herein provided; and in case of death, resignation, removal or disqualifica-
tion by reason of age or otherwise of any Judge, the Governor shall appoint
a person duly qualified to fill said office, who shall hold the same until the
next general election for members of the General Assembly, when a suc-
cessor shall be elected, whose term of office shall be the same as hereinbe-
fore provided; and upon the expiration of the term of fifteen years for
which any Judge may be elected to fill a vacancy, an election for his suc-
cessor shall take place at the next general election for members of the
General Assembly to occur upon or after the expiration of his said term;
and the Governor shall appoint a person duly qualified to hold said office
from the expiration of such term of fifteen years until the election and
qualification of his successor.

SEC. 6. All Judges shall, by virtue of their offices, be conservators of
the peace throughout the State; and no fees, or 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.



:«8 CONSTITUTION OF THE

SEC. 7. No Juilge shall sit in any case wherein he may be interested, or
where either of the parties may be connected with him, by affinity or con-
sanguinity, within such degrees as now are, or may hereafter be prescribed
by law, or where he shall have been of counsel in the case.

SEC. 8. The parties tqjany cause may submit the same to the court for
determination, without the aid of a jury; and in all suits or actions at law,
issues from tlie Orphans' Court or from any court sitting in equity, and in all
cases of presentments or indictments for oflences which are or may be
punishable by death pending in any of the courts of law of this State having
jurisdiction thereof, upon suggestion in writing under oath of either of the
parties to said proceedings, that such party cannot have a fair and impar-
tial trial in the court in which the same may be pending, the said court
shall order and direct the record of proceedings in such suit or action, issue,
presentment or indictment, to be transmitted to some other court having
jurisdiction in such case, for trial; but in all other cases of presentment or
indictment pending in any of the courts of law in this State having juris-
diction thereof, in addition to the suggestion in writing of either of the
parties to such presentment or indictment that such party cannot have a
fair and impartial trial in the court in which the same may be pending, it
shall be necessary for the party making such suggestion to make it satis-
factorily 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 suggestion in cases when
all the Judges of said court may be disqualified, under the provisions ff this
Constitution, to sit in any case; and said Court to which the record pro-
ceedings in such suit or action, issue, presentment or indictment, lay 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 insti-
tuted therein; and the General Assembly shall make such modification of
existing law as may be necessary to regulate and give force to this pro-
vision.

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 As-
sembly to prescribe by law a fixed compensation for all such officers; and
said Judge or Judges shall, from time to time, investigate the expenses,
costs and charges of their respective ccurts, with a view to a change or
reduction thereof, and report the result of such investigation to the General
Assembly for its action.

SEC. 30. 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 ofTices, as the same now are, or may hereafter be regulated by law.
And the office and business of !-


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Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 19 of 23)