68 CONSTITUTION OF MARYLAND. [ART. IV

A borrower, since the act of 1845, chapter 352, may maintain his bill in
equity, if filed in a reasonable time, for relief against usury—see article
49, section 4, of the Annotated Code and notes thereto. Scott v. Leary, 34
Md. 398.

Cited but not construed in Baltimore v. State, 15 Md. 468.

See article 49 of the Annotated Code.

Sec. 58. The Legislature, at its first session after the ratification
of this Constitution, shall provide by Law for Stat© and 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 there-
from. 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.

Since the adoption of the constitution of 1851, the legislature has had
no power to appoint a justice of the peace, nor may it vest judicial power
in any officer other than those enumerated in this section. A justice of
the peace has functions which are not judicial, such as his police powers
as conservator of the peace. Hagerstown v. Dechert, 32 Md. 383.

The power of the mayor of Hagerstown to try and fine disorderly per-
sons, etc., under a municipal ordinance, held not to be denied by this
section; such power is not a part of the judicial power of the state, but of
the police power. Nature and extent of the police power. Shafer v.
Mumma, 17 Md. 335.

See notes to section 14.

See article 15, section 2, of the Maryland constitution.

See article 26 of the Annotated Code.

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.
See article 33 of the declaration of rights.