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ing on the amendment of Mr. Brent to prohibit the Or-
phans' Courts from the power to order sales of real estate,
which was not agreed to.
After some discussion, and the rejection of various
amendments, the substitute of Mr. Merrick was adopted.
Section 39 was read, and, on motion of Mr. Merrick,
was stricken out.
Section 40, now section 39, (relating to registers of
wills, ) was read.
Mr. Page offered a substitute giving1 the power of ap-
pointment of the register of wills in case of a vacancy, to
the judges of the Orphans' Courts, instead of the judges
of the Circuit Courts, which was adopted.
Sec. 3 was then returned to, the question being on the
amendment of Mr. George, to hold the election for judges
in the city of Baltimore on the second Wednesday in Oc-
tober, instead of in November at the time of the general
elections. ': *i**r^!
Mr. Dobbin advocated the amendment as having the
effect to prevent the bartering1 which frequently takes
place between the friends of different candidates.
"Mr. Tarr, of Caroline, thought it would be better not to
fix so early a day until it had been decided when this
constitution was to be submitted to the people. It would
not do to provide for the election of these judges at a day
anterior to the adoption of the constitution.
Mr. Gill agreed with the gentleman from Caroline,
that it was best not to fix the time at present. He was,
however, of the opinion that the election for judges should
take place in November.
Mr. Barnes thought his worthy friend had fallen into
an error. The Convention did not propose to fix a day in
advance of the adoption of the constitution. He thought
that the constitution could be submitted to the people by
the 11th of September, and there would be an entire
month between that and the second Wednesday in Oc-
tober.
Mr. Maulsby said it was impossible to submit the con-
stitution by the time mentioned.
411
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