municipal taxation upon the revenues accruing from business done in the State by all foreign corporations.

SEC. 59. The office of "State Pension Commissioner" is hereby abolished; and the Legislature shall pass no Law creating such office, or establishing any general pension system within this State.

ARTICLE IV.

JUDICIARY DEPARTMENT.

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 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 practised in this State, or may hereafter be prescribed by Law.

Ex Parte O'Neill, 8 Md. 227. Shafer v. Mumma, 17 Md. 331.

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 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 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 reeligible 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 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 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, twothirds 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 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 members 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 expiration of such term of fifteen years until the election and qualification of his successor.1

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.

Ex Parte O'Neill, 8 Md. 227.

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 prescribed by Law, or where he shall have been of counsel in the case.

Crawford's Adm'r v. Crawford, 22 Md. 458.

SEC. 8. The parties to any 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 the Orphans' Court or from any court Sitting in Equity, and in all cases of presentments or indictments for offences 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 can not have a fair and impartial 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 jurisdiction thereof, in addition to the suggestion in writing of either of the parties to such Presentment or Indictment that such party can not 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 satisfactorily

Thus amended by Act of 1880, ch. 417, ratified by the people at November election, 1881.

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 of this Constitution, to sit in any 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.1 State v. Dashiell, 6 H. & J. 270. Negro Jerry v. Townshend, 2 Md. 274. Wright . Hamner, 5 Md. 370. State v. Shillinger, 6 Md. 449. Manly v. State, 7 Md. 135. Brown. Gilmor's Ex'rs, 8 Md. 322. Hoshall v. Hoffacker, 11 Md. 362. Latrobe, Trustee v. Mayor & C. C. of Balto., 19 Md. 15. Griffin v. Leslie, 20 Md. 18. Price v. Nesbitt, 29 Md. 263. Deford v. State, use of Keyser, 30 Md. 179. Gambrill v. Parker, 31 Md. 1. Cross v. Kent, 32 Md. 581. Hall. Schuchardt, 34 Md. 15. Kimball v. Harman, 34 Md. 401. Hoyer v. Colton, 43 Md. 421. Geekie v. Harbourd, 52 Md. 460. Trayhern v. Hamill, 53 Md. 90. Desch . Giese, 54 Md. 135. Weiskittle v. State, use of Samuel, 58 Md. 155.

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 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 courts, with a view to a change or reduction thereof, and report the result of such investigation to the General Assembly for its action.

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

1Thus amended by Act of 1874, ch. 364, ratified by the people at November election, 1875.

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 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.

Peter v. Prettyman, 62 Md. 566.

SEC. 11. The election for Judges, herein before 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 for 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..

Brooke v. Widdicombe, 39 Md. 386. Groome v. Gwinn, 43 Md. 572.

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.

Brooke v. Widdicombe, 39 Md. 386.

SEC. 13. All Public Commissions and Grants shall run thus: "The State of Maryland, &c.," 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."