were ordered, and being taken, were as follows:
Affirmative—Messrs. Chapman, Pres't, Morgan,
Ricaud, Wells, Randall, Kent, Sellman
Howard, Buchanan, Bell, Chandler, Ridgely
Lloyd, Sherwood, of Talbot, John Dennis, Jas.
U. Dennis, Williams, Hodson, Chambers, of Cecil,
Miller, Grason, George, Fooks, Jacobs
Thomas, Johnson, Gaither, Biser, Annan, Sappington,
Magraw, Thawley, Neill, Harbine, Michael
Newcomer, Davis, Waters, Holliday
Parke, and Brown—40.
Negative—Messrs. Lee, Chambers, of Kent
Mitchell, Donaldson, Brent, of Charles, Jenifer
Welch, Dashiell, Eccleston, Phelps, McCullough,
McLane, Bowie, McCubbin, Spencer
Wright, Dirickson, McMaster, McHenry, Sherwood,
of Baltimore city, Ware, Schley, Fiery
John Newcomer, Brewer, Anderson, Weber
Slicer, Fitzpatrick, and Shower—30.
So the Convention reconsidered their vote on
said amendment.
The question then recurred on the original
motion to strike out "three judges," and insert
"one judge."
Mr. RIDGELY asked a division of the motion,
so that the question should be first taken on the
motion to strike out.
Mr. CHAMBERS moved to amend the proposi-
tion before the Convention, by adding thereto
the following: "The Register of Wills shall have
power to perform and execute such duties as
are now performed by the orphans' courts, and
for that purpose issue process for parties or
witnesses, according to the practice of said
courts, and any person who may be interested
may appeal from the decision of the Register,
to the judge of the orphans' court, whose decis-
ion shall be final and conclusive between the
parties to said appeal; but the persona interest-
ed may, by an agreement to be previously filed
in the office of the Register of Wills, take an
appeal to the Court of Appeals instead of the
judge of the orphans' court. In any contested
case, occurring in said court, the parties may
by consent submit the decision of the cause, in
the first instance, to the judge instead of the re-
gister, and in. such case the said judge shall
have original jurisdiction over the same, and an
appeal may be taken from his decision to the
Court of Appeals."
The question was then stated to be on the mo-
tion to strike out "three judges," a division of
the question having been asked.
Mr. BOWIE asked that the question be taken
by yeas and nays, which were ordered, and being
taken, were as follows;
Affirmative—Messrs. Chapman, president, Ri-
caud, Lee, Chambers of Kent, Mitchell, Donald-
son, Brent of Charles, Jenifer, Welch, Crisfield,
Dashiell, Hodson, Eccleston, Phelps, McCullough,
McLane, Bowie, Sprigg, McCubbin, Spencer,
Wright, Dirickson, McMaster, Hearn,
Fooks, McHenry, Sherwood of Baltimore city,
Schley, John Newcomer, Brewer, Anderson,
Weber, Slicer, and Fitzpatrick—34.
Negative—Messrs. Morgan, Randall, Kent,
Sellman, Howard, Buchanan, Bell, Chandler, |
Ridgely, Lloyd, Sherwood of Talbot, John Dennis,
James U, Dennis, Williams, Chambers of
Cecil, Miller, Grason, George, Jacobs, Thomas,
Johnson, Gaither, Biser, Annan, Sapppington,
Magraw, Thawley, Gwinn, Fiery, Neill, Har-
bine, Michael Newcomer, Davis, Waters, Holli-
day, Parks, Shower, and Brown—38.
So the Convention refused to strike out.
The question then recurred upon the adoption
of the article as the 10th section of the report.
Mr. BOWIE moved that the question be taken
by yeas and nays, which, being ordered, appeared
as follows:
Affirmative—Messrs. Morgan, Ricaud, Sellman,
Howard, Bell, Chandler, Ridgely, Lloyd, Sher-
wood, of Talbot, Eccleston, Phelps, Chambers, of
Cecil, Miller, Grason, George, Jacobs, Thomas,
Johnson, Gaither, Biser, Annan, Sappington,
Magraw, Thawley, Gwinn, Sherwood, of Balt.
city, Schley, Fiery, Neill, Harbine, Michael New-
comer, Davis, Waters, Holliday, Parke, Shower
and Blown—31,
Negative— Messrs. Chapman, President, Lee,
Chambers, of Kent, Mitchell, Donaldson, Wells,
Randall, Kent, Brent, of Charles, Jenifer Buchan-
an, Welch, John Dennis, James U. Dennis Cris-
field, Dashiell, Williams, Hodson, McCullough,
McLane, Bowie, Sprigg, McCubbin, Spencer,
Wright, Dirickson, McMaster, Hearn, Fooks,
McHenry, Nelson, John Newcomer, Brewer, An-
derson, Weber, Slicer and Fitzpatrick—31.
So the article was not adopted.
Mr, BROWN gave notice that he would on
Monday introduce an order to prevent gentlemen
from looking at the list,
Mr. CHAMBERS, of Kent. I rise to make a
motion to test the views which regulate the votes
given upon this question. If the decision of the
house is to adopt a system by which the Register
of Wills is to be a judge of the Orphans' Courts,
in all respects, except as to questions of law
which should be decided by the circuit judge,
then, by Monday morning, with the aid of the
gentleman from Somerset, (Mr. Crisfield,) I will
endeavor to prepare for the action of the Con-
vention such a scheme. With a view to ascertain
if such be the will of the Convention, I now
move that we adjourn.
Mr. SPENCER. Will the gentleman withdraw
that amendment for a moment, that I may offer
some amendments to be entered upon the jour-
nal. I do not wish to discuss them to-day, un-
less the Convention should refuse to adjourn, in
which case I should wish to avail myself of the
privilege, under the rule, of ten minutes' expla-
nation.
Mr. CHAMBERS withdrew the motion to ad-
journ.
Mr. SPENCER offered the following amend-
ments, which he desired to be entered upon the
journal:—
Sec. 11. No testimony on the equity side of the
county courts, shall be taken under a commission,
when it is within the reach of the process of
said courts, but the game proceedings shall in all
respects be had in taking testimony as is now had
on the law side of said courts.
Sec. 12. Provision shall be made by the Legis- |
