chanan, Bell, Welch, Chandler, Ridgely, John
Dennis, Miller, McLane, Bowie, Tuck, Spen-
cer, Stephenson, Thawley, Davis, Waters, and
Anderson-23.
So the 9th section as amended was adopted.
The tenth section of the original report was
then read, as follows:
Sec. 10. The said county courts, or the judges
thereof, respectively, shall be courts of law and
equity, and have original jurisdiction in all civil
and criminal cases arising in their respective
limits; and in all respects have the same pow-
ers and jurisdiction that the present county
courts of this State now have, or which shall
hereafter be prescribed by law. They shall
also have exclusive jurisdiction in all matters
relating to last wills and testaments, executors
and administrators and guardians, within their
respective limits, and all and every other power
which the orphans' courts of this State now
have, or which may hereafter be prescribed by
law. They shall also have and exercise appel-
late jurisdiction from the judgements of justices
of the peace, subject to such rules and regula-
tions as may be prescribed by law.
MR. THOMAS. This section has been adopted.
MR. BOWIE. It seems to me that this section
may come out, as it is superseded by a previous
section. I therefore move to reconsider the
vote by which it was adopted.
The motion was agreed to.
The question recurring on the adoption of
the section-
MR. BOWIE moved to strike it out, which mo-
tion was agreed to.
MR. JENIFER then moved to insert the follow-
ing in the place of the section just striken out:
Sec. 10. There shall be a Chancellor elected
for each of the inferior judicial districts, whose
erm 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
same causes. The Chancellor shall have and
exercise 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
hereafter be provided for by law. He shall
have jurisdiction in all applications for the ben-
efit 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's 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-
sions as the Legislature may hereafter establish.
It shall be the duty of the Chancellor or Judge
of the Orphans' Court to attend at least six
times in every year, and oftener when the busi-
ness of the county may require it, to examine
into and discharge the duties as Judge of the
Orphans' Court of such county in his district as
are now or may hereafter be provided by law. |
He shall examine into and revise the proceed-
ings of the Register of Wills of each county,
establish such rules and orders not inconsistent
with the law as may tend to facilitate the busi-
ness of the court. There shall be a Register of
Wills for the Orphans' Court of each county in
the State, who shall be elected by a plurality
vote of the legal voters of the county, who shall
discharge the duties now or which may here-
after be required by law, whose term of office,
qualifications, manner of election, and removal
shall be the same as those herein provided for
the clerks to the courts of the said counties.
He shall also discharge the duties of Register
in Chancery in such manner as may be required
by law. The Legislature shall provide a suit-
able annual salary in lieu of fees and perquisites
as at present exists.
MR. MICHAEL NEWCOMER offered as a substi-
tute for the amendment the following:
"The qualified voters of the city of Baltimore
and of the several counties of the State shall
severally, by a plurality vote, on the first Wed-
nesday of November, eighteen hundred and fifty
one, and on the same day of the same month in
every fourth year for ever thereafter elect three
men to be Judges of the Orphans' Court of said
city and counties respectively, who shall be citi-
zens of the State of Maryland and citizens of
the city or county for which they are severally
elected at the time of their election; and who
shall have power to take probate of wills, to
grant letters testamentary, to appoint adminis-
trators, guardians and collectors to superintend
the distribution of estates of intestates, to secure
the rights of distributees, orphans and legatees,
and to administer justice relative to the affairs
I of deceased persons, according to the laws now
in force, giving jurisdiction to the Orphans'
Courts in this State, or which may hereafter be
passed by the General Assembly of Maryland,
touching their powers and jurisdiction"
Mr. SHRIVER moved to amend the substitute
by striking out the words "three men" and in-
serting in lieu thereof "one man."
Mr. BUCHANAN gave notice that if the amend-
ment should prevail he would offer a proposi-
tion to pay the judge one thousand dollars.
Mr. JOHN DENNIS read the proposition after-
wards submitted by him, and gave notice that
when in order he should move it as an amend-
ment.
Mr. SHRIVER demanded the yeas and nays;
which were ordered, and being taken, resulted—
ayes 53, noes 25—as follows:
Affirmative—Messrs. Chapman, President, Ri-
caud, Lee, Chambers, of Kent, Mitchell, Sell-
man, Jenifer, Buchanan, Bell, Welch, Chandler,
Ridgely, Sherwood, of Talbot, John Dennis,
Crisfield, Dashiell, Hodson, Eccleston, Phelps,
McCullough, McLane, Bowie, Tuck, Sprigg,
McCubbin, Spencer, Wright, Dirickson, Mc-
Master, Shriver, Johnson, McHenry, Magraw,
Nelson, Thawley, Gwinn, Brent, of Baltimore
city, Sherwood, of Baltimore city, Ware,
Schley, Fiery, John Newcomer, Kilgour, Brewer
Anderson, Weber, Holliday, Slicer, Fitzpatrick,
Smith, Parke and Shower—52. |
