times and places as may be fixed and appointed
by the judge of the said district, or may be pre-
scribed by law. He shall have no other salary
than that prescribed in the aforegoing section.
Sec. 11. No testimony on the equity side of
the said chancery and orphans' courts, shall be
taken under a commission, when it is within the
reach of the process of said courts, but the same
proceedings shall in all respects be had in taking
testimony in said courts, as is now practiced in
the county courts.
Sec. 12. The register of wills for the said or-
phans' courts, shall perform, in addition to his
duties as said register of wills, all the duties
incident to the equity jurisdiction of the said
court, which are now performed by the auditor
of the court of chancery, and such other duties
as may hereafter be prescribed by law, and
shall have power to grant injunctions as now
regulated by rules of equity, during the absence
from the county of the judge of said court, of
which the said judge shall be notified as soon as
possible, and if by him approved, to have the
same effect as if by him approved, and if by him
disapproved, to have the same effect as if by
him refused; and the person in whose favor it
was granted, shall be answerable to the defend-
ant for all the damage sustained by him in the
premises.
Sec. 13. In the trial of all actions hereafter
in the courts of this State, in which matters or
account in bar or set off, are plead as now au-
thorized by law, or which hereafter may be al-
lowed bylaw, the jury shall find, according to
the merits of the case, either for the plaintiff or
the defendant as the same may be.
Sec. 14. The courts of this State shall not
have the power hereafter, to grant a new trial
in any action of tort, on the ground of exces-
sive damage."
COMMITTEE ON PRINTING.
Mr. STEWART, of Baltimore city, submitted
the following order:
Ordered, That the President of the Conven-
tion be authorized to pay upon the order of the
committee on Printing, such sum as the said
committee shall find it necessary to disburse for
the printing of this Convention. Which was
read.
Mr. STEWART, of Baltimore city, observed
that he could not say, exactly, what further
sums might be necessary to defray the expenses
of the printing; but it was due to the Conven-
tion that he should state, that according to the
best information the committee could obtain,
there would he an outlay of $1,400 beyond the
original estimate. The debates of the Conven-
tion would go to the extent of near 1,400 pages.
A part of that excess of $1,400, was composed
of items for the payment of the hands necessa-
ry to get out the work. The journeymen had
been working here at prices which they alleged
to be wholly inadequate to their support, and
they insisted that they should be compensated
according to the rates of Washington city.
There the price was forty cents per thousand |
ems, being twelve cents higher than we had
been paying. And as had been intimated to
him, unless the prices were graduated accord-
ing to the known and regular charges at Wash-
ington, the journeymen printers would no long-
er remain in Annapolis. He need not say that
if the Convention choose to pass the order, it
would be the pleasure of the committee to dis-
charge their duty with every proper, economy.
With these few remarks, he submitted the order
to the consideration of the Convention.
Mr. STEPHENSON demanded the yeas and nays,
which were ordered.
Mr. BOWIE said he supposed there could be
no opposition in any part of the Convention to
the passage of the order. If there was any
objection, then the printing would have to stop.
Here they had been in session six months, when
no body expected they, would be more than
three, consequently, the expenses of printing
were necessarily doubled.
Mr. SPENCER remarked that there was one
thing very agreeable to gentlemen—that with
regard to this appropriation, it was a matter of
justice; and with it they would be able to get
up all the debates with all possible expedition.
The question being taken, resulted as fal-
lows:
Affirmative—Messrs. Ricaud, Pres't pro tem.,
Morgan, Lee, Chambers, of Kent, Mitchell,
Wells, Kent, Weems, Dalrymple, Sollers, How-
ard, Buchanan, Ridgely, John Dennis, Cris-
field, Hicks, Hodson, Goldsborough, Eccleston,
Phelps, Bowie, Sprigg, Spencer, George,
Wright, McMaster, Gaither, Annan, Gwinn,
Stewart, of Balt. city, Brent, of Balt. city,
Sherwood, of Balt. city, Ware, Davis, Ander-
son, Weber, Holliday and Smith—38.
Negative—Messrs. Sellman, Bell, Welch, Sher-
wood, of Talbot, Colston, Miller, Fooks, Shri-
ver, Biser, Sappington, Stephenson, Nelson,
Stewart, of Caroline, Hardcastle, Schley, Fiery,
John Newcomer, Harbine, Slicer, Fitzpatrick,
Parke and Brown—22,
So the order was adopted,
On motion of Mr. Shriver,
The Convention took up for consideration the
following report submitted by Mr. Sollers on
yesterder, on the subject of the requisition of
the Governor of Pennsylvania upon the Gov-
ernor of this State, for the delivery of James
S. Mitchell:
REPORT.
The committee to whom was referred the
subject of the requisition of the Governor of
Pennsylvania upon the Governor of this State,
for the delivering of James S. Mitchell, beg
leave to report that they have had the same
under consideration, and have come to the con-
clusion that the Governor of this State did right
in refusing to deliver said Mitchell to the au-
thorities of the State of Pennsylvania, and that
he deserves the thanks of the good people of
this State for the firmness he has manifested in
his refusal to deliver a citizen of Maryland to
an unjust and unconstitutional demand made by
the Governor of Pennsylvania. |