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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 347   View pdf image
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347

Mr. Thawley, moved to fill the blank with "fifty;"
The question then recurred upon the motion of Mr. John New
comer, to fill the blank with "three," being the largest number.

Mr. John Newcomer, moved the question be taken by yeas and
nays, and being ordered appeared as follows:

A FFIRMATIVE. —Messrs. C hapman, Pres't, Blakistone, Dent,
Hopewell, Weems, Bond, Merrick, Jenifer, Bell, Ridgely, James
U. Dennis, Constable, Chambers of Cecil, McLane, Sprigg,
Bowling, Shriver, Gaither, Biser, Annan, Stephenson, Gwino,
Brent of BaIt. city, Sherwood of Balt, city, Schley, Fiery, John
Newcomer, Harbine, Michael Newcomer, Kilgour, Weber, Holly-
day, Slicer and Smith---34.
NEGATIVE—Messrs. Lee, Chambers of Kent, Mitchell, Don
aldson, Dorsey, Wells, Buchanan, Colston, Crisfield, Dashiell,
Hicks, Phelps, Grason, Wright, McMaster, Hearn, Pooks, Jacobs,
Sappington, Thawley, Stewart of Bali. city, and Presstman—22.
So the amendment was adopted by tilling the blank with
"three."
The question then recurred on the amendment as amended;
Mr. McMaster, moved to amend said amendment, by striking
out the words "administrator or
Mr. Gwinn, moved as a substitute for said amendment, the fol
lowing:
"The Legislature shall provide for the exemption of property,
Tea] anti personal, belonging to any person dying insolvent, or
taking the benfit of the insolvent laws, to an amount not exceed
ing three hundred dollars, from the proceedings of creditors, and in
case of such dying insolvent, or of insolvency during life, the said
property so exempted shall go in the first instance to the wife or
widow, and then, according to its nature, go as now directed by
the statutes of descent, or distribution; provided, always, that the
provisions of this section shall only apply to a father, mother, sis
ter, brother, husband, or wile, or child, or grand child of the said
person so dying or becoming insolvent;"
Which was read.
Mr. Brent, of Balt, city, withdrew the amendment offered by
him, and substituted in lieu of it, the following:
"In all cases where the head of a family shall die or become
insolvent, owning a dwelling house or homestead furniture, or other
property, or where an execution levied upon the property of any
debtor, the said house, homestead furniture or other property shall
be exempt from administration or liability to, or seizure by credi
tors; provided, said property, real or personal, does not exceed the
sum of in value, but the same shall thereupon
belong in equal parts to the wife and descendants of said descendant
or debtor, and in the event that said property shall exceed the
sum of in value, then there shall be a prefer—


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 347   View pdf image
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