controversy, and wherein it differs from the print-
ed section, is that part of it which continues the
powers of the chancery court for five years.
At this time we are making an experiment as
to the efficiency of a new chancery system which
may be wholly inadequate. With twenty-one
judges it has been found necessary to pass laws for
the removal of equity causes from most of the
county courts to the court of chancery. With
eight judges, that necessity must be greatly in-
creased. Shall we, while the people incur the
expense, deny them advantages of a chancery
court?
The object of continuing this court until the
end of the next session of the Legislature, after
the expiration of the five years, is to allow ample
time for the perfecting of any system which may
be rendered necessary by its dissolution.
Mr. SPENCER moved to amend said substitute
by adding at the end thereof, the following proviso:
"Provided that no new business shall originate
in the said court, nor shall any cause be removed
to the same from any other court in this State,
from and after the ratification of this constitu-
tion."
Mr. S. said: It will be observed that while the
amendment of the gentleman from Anne Arundel
(Mr. Randall) provides for a chancery court for
five years, it makes no provision whatever to
prevent the accumulation of business in that court.
This would defeat our purpose in abolishing that
court. There has been a great deal said about
the inconvenience of sending the cases to thier
proper destination. There is no force in the ob-
jection—not the slightest. It is just as easy when
you look at a bill to see where the defendants re-
side as it is in framing the bill. The bill must be
originated in the county where the principal de-
fendants reside; and the residence of the parties
can be ascertained by looking at the bill. I hope
they will be able to wind up their business in
less than five years, I am perfectly willing, after
this test vote shall have been taken, to go back to
the original proposition of the gentleman from
Baltimore, for that was the understanding when
we took up this subject.
Mr. JOHN NEWCOMER, moved to amend the
25th section in the printed report, by striking out
from the word "office" in the eighth line to the
end of the section, and substituting in lieu of it
the following:
"For two years, at the expiration of which time,
any causes remaining unheard and undetermined,
shall be taken to the county or city where the
defendant, or if more than one, a plurality of the
defendants may reside, where the Judge of the
county or city court shall have jurisdiction, hear
and determine the same, and after the expiration
of two years from the adoption of this constitu-
tion, the office of register in chancery shall be
and is hereby abolished,"
Which was read.
Mr. MORGAN, moved that the Convention post-
pone the further consideration of the 25th section
and amendments.
Determined in the affirmative.
Mr. MORGAN then moved that the Convention |
resume the consideration of the 13th section of the
report.
The question was then stated on the motion of
Mr. Morgan, to amend the 13th section, by strik-
ing out all of said section down to the word
"equity," inclusive in the fifth line thereof.
Mr. BRENT, of Baltimore city, moved that the
question be taken by yeas and nays, which being
ordered appeared as follows: :
Affirmative.—Messrs. Chapman, Pres't, Mor-
gan, Blakistone, Dent, Ricaud, Lee, Chambers of
Kent, Dorsey, Wells, Randall, Brent, Sellman,
Dalrymple, Brent of Charles, Lloyd, Dickinson,
Colston, John Dennis, Dashiell, Williams, Hicks,
Hodson, Goldsborough, Eccleston, Miller, Bowl-
ing, Dirickson, McMaster, Hearn, Fooks, Jacobs,
Johnson, Gaither, Biser, Annan, Sappington,
Nelson, Schley, Fiery, John Newcomer, Harbine,
Michael Newcomer, Davis, Kilgour, Waters, An-
derson, Weber, Slicer, Smith, Shower and Cockey
—51.
Negative—Messrs. Donaldson, Bond, Howard,
Welch, Crisfield, Chambers of Cecil, McLane,
Spencer, George, McHenry, Carter, Thawley,
Stewart of Caroline, Gwinn, Stewart of Baltimore
city, Brent of Baltimore city, Sherwood of
Baltimore city, Neill, Brewer, Holliday, Parke
and Brown—22.
So the amendment was adopted.
Mr, WEEMS, when his name was called, upon
the vote just taken, said that he had paired off
with Mr. Shriver,
Mr. STEWART of Baltimore city gave notice
that on to-morrow, he should move to reconsider
the vote of the Convention just taken on this
amendment.
Mr. MORGAN then moved that the Convention
take up for consideration the 11th section of the
report.
Determined in the affirmative.
Mr. CRISFIELD moved to strike out the 11th
and 13th sections, and to insert the following;
"There shall be appointed, as hereinafter provid-
ed, four persons having the requisite qualifica-
tions, for the fifth judicial district, to be Judges
thereof; who may sit jointly or separately as the
exigencies of business may require; and the said
judges shall be styled district judges, and shall
hold a term of their court at least twice in each
year, and oftener if required by law; and the
said court shall be called the District Court for
the city of Baltimore, and shall have, hold and
exercise in the said district, all and every, the
powers, authorities and jurisdictions, which Bal-
timore county Court, sitting for said city, Balti-
more city court, and the Chancellor of Maryland,
as a judge in equity, now have, hold and exer-
cise therein; and the said judges shall also be
Judges of the Oryhans' court for Baltimore city,
and have, hold and exercise, all and every, the
powers, authorities and jurisdictions appertaining
and belonging to the said Orphans' court within
said city; and the number of judges authorized
by this section may be increased by law, when
such increase shall be required for the dispatch
of business in the said district, and such addition-
al judges shall have the same powers, authorities |
