will therefore move, with the hope that some
other plan for the establishment of a chancery
jurisdiction, in the various counties may be
adopted, to strike out the following words:
"and the said judges in their respective districts,
shall have, use and exercise all the powers, au-
thorities and jurisdiction which the Chancellor
of Maryland, as a judge in equity, now has,
uses, and exercises, and the said judges shall
also be judges of the orphans' courts of the sev-
eral counties composing their respective dis-
tricts, and shall have, hold and exercise all and
every the powers, authorities and jurisdiction
which the orphans' courts of this State now
have, hold, and exercise, or which may hereaf-
ter be conferred by law,"
Mr. BUCHANAN. That would require an ad-
ditional officer.
Mr. BOWIE. Yes, sir; an orphans' court
judge.
The question was then taken on the amend-
ment of Mr. Bowie, and it was rejected.
The question then recurred on the adoption
of the latter branch of the amendment as amend-
ed.
Mr. CRISFIELD, it will be recollected by the
Convention, that in deference to a vote of the
Convention had upon another proposition, I
struck out of my amendment that branch of it
which related to the orphans' courts. In obe-
dience to the request of many gentlemen who
favor giving this jurisdiction to these courts, I
move to add to my amendment these words:
"And the said judges shall also be judges of
the orphans' courts of the several counties com-
posing their respective districts, and shall have,
hold and exercise all and every the powers, au-
thorities and jurisdiction which the orphans'
courts of this State now have, hold and exer-
cise, or which may hereafter be conferred by
law."
Mr. BOWIE asked the yeas 'and nays on the
adoption of the amendment, which were or-
dered
Mr. THOMAS, I have not attended particu-
larly to the language of this amendment, but it
strikes me that in substance it is in conflict with
what the Convention has already decided and
if so, it is not in order to offer it.
The PRESIDENT. The Convention having
changed the section in so many particulars, it is
in order for the gentleman to submit his amend-
ment.
Mr. THOMAS. I thought it was distinctly un-
derstood between the gentleman from Somer-
set and myself, that when the motion was made
to strike out that portion of the bill giving the
county courts the jurisdiction now exercised by
the orphans' courts, he would make his amend-
ment conform to that decision of the Conven-
tion.
Mr. CRISFIELD. I have made this motion at
the request of other gentlemen, but I am not
committed to it myself in any way. Although
the Convention has already determined that it
shall not be inserted, I stood pledged to offer it,
and having done so, I have nothing more to do
with it. |
Mr. JENIFER. I have been absent during the
whole of the discussion on this subject, I be-
lieve that under the rule no remarks can be
made without an amendment being offered.
The PRESIDENT. The rule prohibits any de-
bate, except upon an amendment, and that by the
mover of the amendment.
Mr. JENIFER. Is it in order for me to offer a
substitute?
The PRESIDENT. It is not the substitute pend-
ing being in the second degree, it is not liable to
amendment,
Mr. JENIFER. I desired to make some remarks
upon the question.
The question was then taken on agreeing to
the amendment of Mr Crisfield, and was decided
as follows:
Affirmative.—Messrs. Lee, Chambers of Kent,
Mitchell, Buchanan, Welch, Crisfield, Chambers
of Cecil, McLane, Spencer, Wright, Dirickson,
McMaster, Hearn, Fooks, Jacobs, Magraw,
Brewer, Weber, and Fitzpatrick—18.
Negative — Messrs. Chapman, (President,)
Morgan, Hopewell, Ricaud, Donaldson, Wells,
Randall, Kent, Sellman, Weems, Dalrymple,
Merrick, Jenifer, Howard, Bell, Chandler,
Ridgely, Lloyd, Sherwood of Talbot, John
Dennis, Dashiell, Hodson, Eccleston, Phelps,
McCullough, Miller, Bowie, Sprigg, McCubbin,
Grason, George, Thomas, Shriver, Gaither, Bi-
ser. Annan, Sappington, Stephenson, McHenry,
Nelson, Thawley, Gwinn, Brent of Baltimore
city, Sherwood of Baltimore city, Ware, Schley,
Fiery, Neill, John Newcomer. Harbine, Michael
Newcomer, Davis, Kilgour, Waters, Anderson,
Holliday, Slicer, Smith, Parker, Shower, and
Brown—61,
So the amendment was rejected.
Mr. JENIFER moved the following as an
amendment to the second branch of the amend-
ment:
There shall be a Chancellor elected for each
of the inferior judicial districts, whose term of
office, qualifications and salary shall be the same
as herein provided for the Judges of the inferior
judicial districts, and who shall be elected in
the same manner and removable for the same
causes. The Chancellor shall have and exer-
cise the equity jurisdiction now exercised by the
County Courts sitting as courts of equity, in the
several counties for which he shall have been
elected. He shall hold his courts at such time
and place as are now prescribed, or may here-
after be provided for by law. He shall have
jurisdiction in all applications for the benefit of
the insolvent laws within his district of this
State, and the supervision and control of the
trustees thereof,
The Chancellor elected for each of the infe-
rior judicial districts shall be Judge of the Or-
phans' Court of each county in their respective
districts, who shall have all the powers now
vested in the Orphans' Courts of the several
counties of this State, subject to such regula-
tions as the Legislature may hereafter establish.
It shall be the duty of the Chancellor, as Judge
of the Orphans' Court, to attend at least six
times in every year, and oftener when the busi- |
