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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 615   View pdf image
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615


Waters, Anderson, Hollyday, Slicer, Smith, Parke, Shower,
Cockey and Brown—58.

So the Convention refused to accept the substitute.

Mr. Bowie, then offered as a substitute for said 10th section, the
following:
"There shall be in each county of this State an orphans' court
to consist of threejudges who shall be elected by a plurality vote of
the legal and qualified voters of said counties respectively, and
who shall hold their offices for the term of four years, if they shall
behave themselves in office so long, and until their successors in
office shall be elected and qualified one of the persons voted for
as a judge of said court shall be, in each of said counties, from
among those experienced in the laws, and the said court shall have
the same jurisdiction within their respective limits, that the orphans
courts of the several counties of this State, as now established by
law, have, and also the same chancery and equity jurisdiction
which the chancellor of the State, or the present county courts as
courts of equity now have, or which may be hereafter prescribed
by law. The jurisdiction of said courts shall be exclusive within
their respective limits, and all appeals from their decisions, judg
ments, decrees or orders, shall be to the court of appeals of this
State. The compensation of said Judges shall be prescribed by
law, and paid by the several counties respectively;"

Which was read.

Mr. Jenifer, moved to amend said substitute by inserting after
the word "paid" in the last line, these words "one-half by the
State and the other half;"

Determined in the negative.

Mr. Brent, of Balt, city, moved to amend said substitute by stri
king out "three" and inserting in lieu thereof "two;"

Determined in the negative.

Mr. Johnson, then moved to amend said substitute by striking
out these words "from among those experienced in the laws;"

Mr. Johnson withdrew the amendment.

Mr. Brent of Balt, city, moved to amend said substitute by stri
king out the words "shall be prescribed by law," and inserting in
lieu thereof, the words "shall be fifteen hundred dollars ;"
Mr. Brown, moved the previous question, that is,
Shall the main question be now put? and it was

Determined in the affirmative.

Mr. Brent of Balt, city, withdrew his amendment.

The question was then put,

Will the Convention accept the substitute as offered by Mr.
Bowie, for the 10th section of the report?

On motion of Mr. Bowie,


 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Page 615   View pdf image
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