70 CONSTITUTION OF MARYLAND. [ART. IV

tion, removal or disqualification 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 mem-
bers of the General Assembly, when a successor shall be elected, whose
term of office shall be the same as hereinbefore 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 successor 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 expira-
tion of such term of fifteen years until the election and qualification of
his successor.]*

A vacancy having occurred in the office of judge by death, it was com-
petent for the Governor to fill the same by issuing a temporary commission
which held good until the end of the next session of the general assembly,
or until some other person was appointed; and when the Governor, with
the advice and consent of the senate, appoints a man to fill a vacancy
which has occurred during the recess of the senate, such incumbent is not
entitled to the office for the term for which his predecessor was elected,
but only until the next general election thereafter—see notes to article 4,
section 12, and article 9, section 2. Magruder v. Swann, 25 Md. 215 (based
on this section as it stood in the constitution of 1864).

The amendment to this section proposed by the act of 1880, chapter 417,
and the fact that said act was not set out verbatim on the journals,
referred to in upholding an amendment to article 7, section 1—see notes
thereto and to article 14, section 1. Worman v. Hagan, 78 Md. 164.

See notes to article 2, section 10.

Sec. 6. All Judges shall by virtue of their offices be Conservators
of the Peace throughout the State; and no fees, or perquisites, com-
mission 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.
The jurisdiction of judges of the several courts of this state in habeas
corpus cases is co-extensive with the limits of the state; hence the restric-
tion upon the power of judges over the writ of habeas corpus attempted
by the act of 1880, chapter 6, section 1, is nugatory. State v. Glenn, 54
Md. 595. And see Sevinskey v. Wagus, 76 Md. 336.

The act of 1841, chapter 271, imposing a tax upon monies deposited in
Baltimore county court, or coming into the hands of trustees, etc., to be
paid to the judges of said court as a part of their salary, held not to
violate this section as it stood in the constitution of 1851. Bradford v.
Jones, 1 Md. 369.

See notes to section 14.

Sec. 7. No Judge shall sit in any case wherein he may be interested,
or where either of the parties may be connected with him by affinity or
consanguinity within such degrees as now are or may hereafter be pre-
scribed by Law. or where he shall have been of counsel in the case.

Where one of the three judges of the orphans' court who signs an order
appointing an administrator is disqualified under this section, the order
is not thereby invalidated since the signature of the other two judges is
sufficient. In re Curtis Est. v. Piersol, 117 Md. 170.

*Thus amended by the act of 1880, chapter 417, ratified November, 1881.