Determined in the negative.

The question then recurred on the adoption of the amendment
as offered by Mr. Morgan, being substitute for the 1st section of the
report;

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

AFFIRMATIVE—Messrs. Chapman, Pr't, Morgan ,Blakistone, Dent,
Lee, Kent, Seilman, Howard, Buchanan, Bell, Lloyd, John Den-
nis, Hicks, Hodson, Goldsborough, Eccleston, Phelps, Miller,
McLane, Bowie, Sprigg, McCubbin, Bowling, Wright, Dirickson,
McMaster, Hearn, Fooks, Johnson, Gaither, Annan, Stephenson,
Magraw, Nelson, Gwinn, Stewart of Balt. city, Brent of Balt.
city, Schley, John Newcomer, Harbine, Michael Newcomer,
Brewer, Waters, Anderson, Hollyday, Fitzpatrick, Smith, Parke,
Shower and Cockey—50.

NEGATIVE—Messrs. Donaldson, Randall, Sherwood of Tal., Col-
ston, Tuck, Spencer, Grason, George, Shriver, Biser, Sappington,
McHenry, Thawley, Hardcastle, Sherwood of BalE. city, Weber
and Brown—17.

So the convention accepted the substitute.

The said 1st section was then adopted.

The 2nd section was then read.

Mr. Tuck, moved as a substitute for said section, the following:

"There shall be a commissioner of the Land Office, elected by
the qualified voters of the State, at the first general election of de-
legates to the Assembly after the ratification of this constitution,
who shall hold his office for the term of six years from the first clay
of January next after his election. The returns of said election
shall be made to the Governor, and in the event of a tie between
any two or more candidates, the Governor shall direct a new elec-
tion to be held, by writs to the several sheriffs, who shall hold said
election after at least twenty days notice, exclusive of the day
of election.

The said commissioner shall sit as Judge of the Land Office,
and receive therefor the sum of two hundred dollars per annum,
to be paid out of the State Treasury. He shall also perform the
duties of the register of the Land Office, and be entitled to
receive therefor the fees now chargeable in said office, and he shall
also perform the duties of Examiner General, and be entitled to
receive therefor the fees now chargeable by said office.

The office of Register of the Land Office and Examiner Gene-
ral, shall be abolished from and after the election and qualification
of the commissioner of the land office
On the question being put,
93