613

NEGATIVE —Messrs Chapman, Pres't, Dent, Ricaud, Lee,
Chambers, of Kent, Mitchell, Donaldson, Wells, Randall, Dalrym
ple, Bond, Jenifer, Buchanan, John Dennis, James U. Dennis,
Crisfield, Dashiell, Williams, McLane, Bowie, Tuck, Sprigg,
McCubbin, Spencer, Wright, Dirickson, McMaster, McHenry,
Magraw, Kilgour, Brewer and Anderson—33.
So the Convention reconsidered their vote.
The question then recurred on the adoption of said 10th section.
Mr. John Newcomer, then moved to reconsider the vole of the
Convention on said section, striking out "three Judges," and in
serting "one Judge;"
Mr. John Newcomer, moved the question he taken by yeas
and nays, and being ordered appeared as follows:
AFFIRMATIVE—Messrs. Chapman, Pres'C, Ricaud, Lee, Cham
bers, of Kent, Mitchell, Donaldson, Bond, Jenifer, Buchanan,
John l)ennis, James U. Dennis, Dashiell, McCullough, McLane,
Bowie, Tuck, Sprigg, McCubbin, Spencer, Wright, Dirickson,
McMaster, Hearn, McHenry, Magraw, John Newcomer, Kilgour,
Brewer, Anderson, Weber, Fitzpatrick, Smith and Parke—33.

NEGATIVE—Messrs. Morgan, Biakistone, Dent, Hopewell,
Dorsey, Wells, Randall, Seliman, Dairympie, Howard, Lloyd,
Dickinson, Williams, Hicks, Hodson, Goldsborough, Eccleston,
Miller, Grason,George, Jacobs, Thomas, Johnson, Gaither, Biser,
Annan, Sappington, Nelson, Thawley, Gwinn, Stewart, of Balt.
city, Brent, of Balt. city, Sherwood, of Balt. city, Ware, Schley,
Fiery, Neill, Harbine, Michael Newcomer, Davis, Waters, Holly.
day, Slicer, Shower, Cockey and Brown—46.
So the Convention refused to reconsider their vote.
The question again recurred on the adoption of the said 10th
section.
Mr. Chambers, of Kent, offered as a substitute for said section
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 decision shall be final and conclusive between the
parties to said appeal; but the persons interested may, by an agree
ment to be previously tiled in the office of 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 in
stance, to the judge instead of the register, 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;"

 
 
 
 
 
 
Which was read.