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Amendments to Maryland Constitutions
Volume 380, Page 11   View pdf image (33K)
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An ACT to provide for the trial of facts in the several counties of
this state, and to alter, change and abolish, all such parts of the
constitution and form of government as relate to the general court and
court of appeals.
BE IT ENACTED, by the General Assembly of Maryland, That this state
shall be divided into six judicial districts, in manner and form
following, to wit: Saint-Mary's, Charles and Prince-George's counties,
shall be the first district; Cæcil, Kent, Queen-Anne's and Talbot
counties, shall be the second district; Calvert, Anne-Arundel and
Montgomery counties, shall be the third district; Caroline, Dorchester,
Somerset and Worcester counties, shall be the fourth district;
Frederick, Washington and Allegany counties, shall be the fifth
district; Baltimore and Harford counties, shall be the sixth district;
and there shall be appointed, for each of the said judicial districts,
three persons of
integrity and sound legal knowledge, residents of the state of
Maryland, who shall, previous to and during their acting as judges,
reside in the district for which they shall respectively be appointed,
one of whom shall be styled in the commission Chief Judge, and the
other two Associate Judges, of the district for which they shall be
appointed; and the chief judge, together with the two associate judges,
shall compose the county courts in each respective district; and each
judge shall hold his commission during good behaviour, removable for
misbehaviour on conviction in a court of law, or shall be removed by
the governor, upon the address of the general assembly, provided that
two thirds of
all the members of each house concur in such address; and the county
courts, so as aforesaid established, shall have, hold and exercise, in
the several counties of this state, all and every the powers,
authorities and jurisdictions, which the county courts of this state
now have, use and exercise, and which shall be hereafter prescribed by
law; and the said county courts established by this act shall
respectively hold their sessions in the several counties which times
and places as the legislature shall direct and appoint, and the
salaries of the said judges shall not be diminished during the period
of their continuance in office.
II. AND BE IT ENACTED, That in any suit or action at law hereafter to
be commenced or instituted in any county court of this state, the
judges thereof, upon suggestion, in writing, by either of the parties
thereto, supported by affidavit, or other proper evidence, that a fair
and impartial trial cannot be had in the county court of the county
where such suit or action is depending, shall and may order and direct
the record of their proceedings in such suit or action to be
transmitted to the judges of any county court within the district for
trial, and the judges of such county court, to whom the said record
shall be transmitted, shall hear and determine the same in like manner
as if such suit
or action had been originally instituted therein; provided
nevertheless, that such suggestion shall be made as aforesaid before or
during the term in which the issue or issues may be joined in said suit
or action; and provided also, that such further remedy may provided by
law in the premises as the legislature shall from time to time direct
and enact.
III. AND BE IT ENACTED, That if any party presented or indicted in any
of the county courts of this state, shall suggest, in writing, to the
court in which such prosecution is depending, that a fair and impartial
trial cannot be had in such court, it shall and may be lawful for the
said court to order and direct the record of their proceedings in the
said prosecution to be transmitted to the judges of any adjoining
county court for trial, and the judges of such adjoining county court
shall hear and determine the same in the same manner as if such
prosecution had been originally instituted therein; provided, that such
further and other remedy may be provided by law in the premises as the
legislature
may direct and enact.
IV. AND BE IT ENACTED, That if the attorney-general, or the prosecutor
for the state, shall suggest, in writing, to any county court before
whom an indictment is or may be depending, that the state cannot have a
fair and impartial trial in such court, it shall and may be lawful for
the said court, in their discretion, to order and direct the record of
their proceedings in the said prosecution to be transmitted to the
judges of any adjoining county court for trial, and the judges of such
county court shall hear and determine the same as if such prosecution
had been originally instituted therein.
V. AND BE IT ENACTED, That there shall be a court of appeals, and the same shall be composed of the
chief judges of the several judicial districts of this state, which said court of appeals shall hold, use and
exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by
the court of appeals of this state, and also the appellate jurisdiction heretofore

 
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Amendments to Maryland Constitutions
Volume 380, Page 11   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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