628
NEGATIVE-----Messrs. Lee, Bond, Buchanan, Welch, Lloyd,
Dickinson, Dashiell, Chambers of Cecil, McLane, McCubbin,
Spencer, Wright, McMaster, Hearn, Fooks, Jacobs, Sappington,
McHenry, Magraw, Carter, Thawley, Gwinn, Stewart, of Balt.
city, Sher wood of Balt, city, Michael Newcomer, Brewer, Waters,
Weber, Hollyday, Slicer, Fitzpatrick, Shower and Brown—33.
So the Convention reconsidered their vote on said 13th article,
The question then recurred on the adoptton of the article;
Mr. Spencer, moved to amend said article by adding at the end
thereof, the following proviso:
"Provided, the account in baror set off shall beheld by the defen-
dant, with notice to the plaintiff at the time of the institution of the
action ;"
Mr. Spencer, moved the question be taken by yeas and nays,
and being ordered, appeared as follows:
AFFIRMATIVE—MeSSrS. Lee, Bond, Buchanan, Welch, Lloyd,
James U. Dennis, Crisfield, Dashiell, Hicks, Hodson, Ecclcston,
Chambers of Cecil, Miller, McLane, McCubbin, Spencer, Wright,
Dirickson, McMaster, Hearn, Fooks, Jacobs, Sappington, McHen
ry, Magraw, Thawley, Stewart of Balt city, Sherwood of Balt.
city, Kilgour, Brewer, Waters, Hollyday, Slicer, Fitzpatrick and
Brown—35.
NEGATIVE—Messrs. Chapman, Pres't, Morgan, Blakistone,
Dent, Hopeweil, Ricaud, Chambers of Kent, Mitchell, Donaldson,
Dorsey, Wells, Randall, Kent, Brent of Charles, Howard, Dickin
son, John Dennis, Williams, Goldsborough, Bowling, Grason,
Gaither, Biser, Annan, Gwinn,Brent, of Balt. city. Schley, Fiery,
Neill, John Newcomer, Harbine, Michael Newcomer, Davis, An
derson, Smith, Parke, Shower and Cockey—38.
So the Convention rejected said amendment.
The question again recurred and was put on the adoption of the
amendment as the 13th article, and
Determined in the negative.
Mr. Morgan, moved that the 11th and 12th sections in printed
report, be passed over informally.
Determined in the affirmative.
The 13th section was then read.
Mr. Morgan, moved to amend said section by striking out all of
said section down to the word "equity," inclusive in the 5th line
thereof.
Mr. Howard, moved that the Convention pass over the 13th sec-
tion informally, and take up for consideration the 25th section.
Determined in the affirmative.
The 25th section of said report was then read.
M. Howard, offered as a substitute for said section the following,
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