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VOTES and PROCEEDINGS, November, 1799.
29
Amendments proposed. Strike out from the word
"purpose" in the 2d line of the 2d page to
the end of the 5th line, and insert as follows: " of reviving and reinstating
such cases, and placing
the same in the like situation as when they went off the docket by reason
of the non-attendance
of the said judges; provided that nothing herein contained shall be construed
to affect any judgement
rendered by order of the said court." Strike out from the word "authority"
in the 4th line
from the bottom of the same page to the end of the bill, and insert as
follows: " by and with the
consent of the parties, or their counsel, in any cause, to render judgement,
or to make any entry
or order therein, and shall and may adjourn the said court from time to
time until a sufficient
number of the said judges shall attend for hearing and determining
the respective causes depending
in the said court." At the end of the bill add the following clause:
" And, whereas causes
are frequently removed merely for delay, by which the due administration
of justice is greatly
obstructed; for remedy whereof, Be it enacted, That in all cases where
causes are removed by
an appeal or writ of error, the appellant, or his counsel, shall assign
his errors in writing, and
subscribe the same, on or before the second day of the second term to which
the said appeal is
returned, and it shall be the duty of the court to examine the said
errors so assigned, and if it
shall appear to the judges that the cause was removed for delay, and without
just cause, they
shall and may affirm the same at the said second term, unless it shall
appear to them reasonable to
give further time under the peculiar circumstances of the case."
The bill, entitled, An act to enlarge the powers of
the trustees of the poor in the several
counties therein designated, was read the second time and will pass.
The following message was prepared, read, and agreed
to.
By the SENATE, December 26, 1799.
GENTLEMEN,
THE senate having acted upon the principal part of the
business before them, and being conscious
that you feel an equal solicitude with us to close the session as soon
as it can be conveniently
done, propose to rise on Monday next.
We flatter ourselves that this proposition will not
only be agreeable to you, but will be justified
by a fair presumption that the business before the legislature may be conveniently
finished by that
time.
By order,
A. VAN-HORN, clk.
The senate adjourns until to-morrow morning 10 o'clock.
F R I D
A Y, December 27, 1799.
THE senate met. Present the same members as
on yesterday. The proceedings of yesterday
were read.
The bill, entitled, An act to aid and revive the proceedings
of the court of appeals, with the
amendments thereto, the bill, entitled, An act to enlarge the powers of
the trustees of the poor
in the several counties therein designated, and the message respecting
adjournment, were sent to
the house of delegates by the clerk.
the bill, entitled, An act to lay out certain roads
from Andrew Gore and James Cooper's
mill, in Baltimore county, was read the second time and will pass with
the proposed amendments.
Amendments proposed. Strike out from the word
"thereafter" in the 2d line from the bottom
of the 2d page to the end thereof, and insert as follows: " Provided, that
nothing herein contained
shall be construed to authorise the levy courts of Baltimore and Anne-Arundel
counties
to apply any part of the money levied in said counties to the repairs of
the said roads, or of either
of them." Strike out the words " any constable" in the 11th line
of the 3d page, and insert
" the sheriff."
The bill, entitled, An act for the more effectual collection
of the county charges in Allegany
county, was read the second time and will not pass.
The bill, entitled, A further supplement to the
act respecting the settlers on the reserved lands
westward of Fort Cumberland, was read the second time by especial order
and will not pass.
On motion, Mr. Hammond delivers to the president a bill,
entitled, A supplement to the act,
entitled, An act to erect a town in Talbot county; which was read the first
and second time by
especial order and will pass.
The bill, entitled, An act to open a road from the turnpike
toad leading toward Hanover, at
or near the widow Mortar's, to intersect the York turnpike road at or near
Benedict Hurst's tavern,
was read the second time by especial order and will pass.
The bill, entitled, A further supplement to an act,
entitled, An act to ascertain the allowance
to jurymen and witnesses of the general court, and the several county and
orphans courts in this
state, was read the second time by especial order and will not pass.
The bill, entitled, An act to correct an error in a
certain deed therein mentioned, was read
the second time by especial order and will not pass.
The resolution in favour of Thomas Cockey Deye was read
the second time, dissented from,
and with the seven bills next before mentioned, sent to the house of delegates
by the clerk.
The clerk of the house of delegates delivers tot he
clerk of the senate a bill, entitled, An act
to establish an academy at Easton, in Talbot county, thus endorsed; " By
the house of delegates,
" December 24, 1799: Read the first time and ordered to lie on the
table.
" By order,
W. HARWOOD, clk.
" By the house of delegates, December 27, 1799: Read the second time
and will pass.
" By order,
W. HARWOOD, clk."
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