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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 924   View pdf image
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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 necessary forfeitures and
penalties against usury.

ARTICLE IV.—JUDICIARY DEPARTMENT.
SEcTION 1. The Judicial power of this State shall be vested in
a Court of Appeals, in Circuit Courts, in such Courts for the city
of Baltimore as may be hereinafter prescribed, and in Justices of
the Peace.

SEC. 2. The Court of Appeals shall have appellate jurisdiction
only, which shall be co-extensive with the limits of the State.
It shall consist of a chief justice and three associate justices,
any three of whom shall form aquorum,whose judgment shall be
final and conclusive in all cases of appeals; and who shall have
the jurisdiction 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 opinion,
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 being, by and with the advice
and consent of the Senate, shall designate 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 Monday of December,
in each and every year.

SEC. 3. The Court of Appeals shall appoint its own clerk,
who shalt hold his office for six years, and may be re-appointed at
the end thereof; he shall be subject to removal by the said
court for incompetency, neglect of duty, misdemeanor in office,
and for such other causes as may be prescribed by law.

SEE. 4. The State shall be divided into four Judicial dis
tricts; Allegany, Washington, Frederick, 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, Talbot, Caroline, Dorchester, Somerset and Worcester
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
leastfive years, and above the age of thirty years at the time of his
election, and a resident of the judicial district, shall be elect
ed from each of said districts by the legal and qualified voters
therein, as a judge of the said court of Appeals, who shall
hold his office for the term of ten years from the time of his elec
tion, or until he shall have attained the age of seventy years,
whichever may first happen, and be re-eligible thereto until he
ihall have attained the age of seventy years and not after, sub.
ject to removal for incompetency, wilful neglect of duty or
misbehaviour in office, on conviction in a court of law,


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 924   View pdf image
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