610

Harbine, Michael Newcomer, Davis, Waters, Hollyday, Parke,
Shower and Brown—37.

NEGATIVE—Messrs. Chapman, Pres't, Lee, Chambers of Kent,
Mitchell, Donaldson, Wells, Randall, Kent, Bient of Charles,
Jenifer, Buchanan, 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, Andersen,
Weber, Slicer and Fitzpatrick—37.
So the article was not adopted.
Mr. Chambers of Kent, moved the Convention adjourn;
Which motion he waived to enable Mr. Spencer, to offer the
following amendments, which he desired to be entered upon the re
cord
Sec. 11. No testimony on the equity side of the county courts,
shall be taken under a corn misssion, when it is within the reach of
the process of said courts, but the same proceedings shall in all re
spects be had in taking testimony as is now had on the law side of
said courts.
Sec. 12. Provision shall be made by the Legislature to require
the sheriffs of the respective counties in this State, to sell and dis
pose of all estates directed to be sold under all decrees passed on
the equity side of the said courts, and to execute all and every
process in the said courts, whether at law or equity,save and excepting
the duties of auditor and clerk of said courts, for which no greater
commission or per centage shall be allowed than is now allowed
him for sales at law.
Section 13. In the trial of all actions hereafter in the
courts of this State, in which matters of account in bar or set off
are plead as now authorised by law, or which may hereafter be
allowed by law—the jury shall find, according to the merits of the
case, either for the plaintiff or the defendant, as the same may be.
Mr. Davis, (by permission of the Convention,) presented a
memorial signed by Millers, Flour Dealers, Shippers and Mer-.
chants of the city of Baltimore, remonstrating against the repeal
of the present Inspection system, and submitting certain reasons
therefor.
Which was read, and
On motion of Mr. Davis,
Referred to the committee on Inspections.
Mr. Chambers, of Kent, then renewed the motion to adjourn;
Mr. Brown, moved the question be taken by yeas and nays, and
that the hour be noted on the Journal, it being half.past one o'clock,
The yeas and nays were then taken and appeared as follows
AFFIRMATIVE —Messrs. Chapman, Pres't, Morgan, Ricaud,
Lee, Chambers, of Kent, Mitchell, Donaldson, Wells, Randall,
Kent, Jenifer, Buchanan, Welch, Ridgely, John Dennis, James