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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 12   View pdf image
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12

altered from time to time, or repealed; provided
nothing herein contained shall be construed to
alter, change or amend in any manner the article
in relation to banks.
Sec. 48. The Legislature shall make provi
sion for all cases of contested elections of any
of the officers not herein provided for.
Sec. 49. The rate of interest in this State
shall not exceed six per cent, per annum, and
no higher rate shall be taken or demanded, and
the Legislature shall provide by law all neces-
sary forfeitures and penalties against usury.

ARTICLE IV.

Judiciary Department.

Sec. 1. The Judicial power of this Slate shall
he vested in a Court of Appeals, in Circuit
Courts, in such Courts for the city of Baltimore
as may be hereinafter prescribed, and in Justi
ces of the Peace.
Sec. 2 The Court of Appeals shall have ap-
pellate jurisdiction only, which shall be co-ex
tensive with the limits of the State. It shall
consist of a chief justice and three associate jus-
tices, any three of whom shall form a quorum,
whose judgment shall be final and conclusive in
all cases of appeals; and who shall have the ju-
risdiction which the present Court of Appeals
of this State now has, and such other appellate
jurisdiction as hereafter may be provided for
by law. And in every case decided, an opin-
ion in writing shall be filed, and provision shall
be made, by law, for publishing reports of cases
argued and determined in the said court. The
Governor, for the time beino;, by and with the
advice and consent of the Senate, shall desig-
nate the chief justice, and the Court of Appeals
shall hold its sessions at the city of Annapolis,
on the first Monday of June, and the first Mon-
day of December, in each and every year.
Sec. 3. The Court of Appeals shall appoint
its own clerk, who shall hold his office fur six
years, and may be re-appointed at the end there-
of; he. shall be subject to removal by the said
court for incompetency, neglect of duty, misde-
meanor in office, and for such other causes as
may be prescribed by law.
Sec. 4. The Slate shall be divided into four
Judicial districts: Allegany, Washington, Fre-
derick, Carroll, Baltimore and Harford counties
shall compose the first; Montgomery, Howard,
Anne Arundel, Calvert, St. Mary's, Charles
and Prince George's the second; Baltimore city
the third; and Cecil, Kent, Queen Anne's, Tal-
bot, Caroline, Dorchester, Somerset and Wor-
cester shall compose the fourth district. And
one person from among those learned in the
law, having been admitted to practice in this
State, and who shall have been a citizen of this
State at least five years, and above the age of
thirty years at the time of his election, and a
resident of the judicial district, shall be elected

from each of said districts by the legal and qual-
ified voters therein, as a judge of the paid Court
of Appeals, who shall hold his office for the
term of ten years from the time of his election,
or until he shall have attained the 3ge of seven-
ty years, whichever may first happen, and here-
eligible thereto until he shall have attained the
age of seventy years and not after, subject to
removal for incompetency, willful neglect of
duty or misbehaviour in office, on conviction in a
court of law, or by the Governor upon the ad-
dress of the General Assembly, two-thirds of the
members of each House concurring in such ad-
dress; and the salary of each of the judges of the
Court of Appeals shall be two thousand five
hundred dollars annually, and shall not be in-
creased or diminished during their continuance
in office; and no fees or perquisites of any kind
shall be allowed by law to any of the said
judges.
Sec. 5. No Judge of the Court of Appeals
shall sit in any case, wherein he may be in-
terested, or where either of the parties maj^
be connected by affinity or consanguinity within
such degrees as may be prescribed, by law, or
when he shall have been of counsel in said
case; when the court of appeals, or any of its
members, shall be thus disqualified to hear
and determine anji case or cases in said court,
so that by reason thereof no judgment can be
rendered in said court, the same shall be certi-
fied to the Governor of the State, who shall im-
mediately commission the requisite number of
persons learned in the law for the trial and
determination of said case or cases.
Sec. 6. AU Judges of the court of Appeals,
of the circuit courts, and of the courts of the
city of Baltimore, shall by virtue of their offi-
ces, be conservators of the peace throughout
the State.
Sec. 7. AU public commissions a?.d 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 proces-
ses shall run in the same style, and be tested,
sealed and signed as usual; and all indictments
shall conclude "against the peace, government
and dignity of the State "
Sec. 8. The State shall be divided into
eight Judicial Circuits, in manner and form fol-
lowing, to wit: St. Mary's, Charles and Prince
George's counties shall be the first; Anne Arun-
del, Howard, Calvert and Montgomery coun-
ties shall he the second; Frederick and Car-
roll counties shall he the third; Washington
and Allegany counties shall be the fourth; Bal-
timore city shall be the fifth; Baltimore, Har-
ford and Cecil counties shall be the sixth; Kent,
Queen Anne's, Talbot and Caroline counties
shall be the seventh; and Dorchester, Somerset
and Worcester counties shall be the eighth;
and there shall be elected, as hereinafter direct-



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 12   View pdf image
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