riod the said offices of chancellor and register
shall be abolished. And the Legislature shall in
the meantime provine by law for the recording,
safe-keeping or other disposition of the records,
decrees and other proceedings of the court of
chancery, and for the copying and attestation
thereof, and for the custody and use of the great
seal of the State, when required after the expiration
of said five years, and for the transmission
to the said counties and the city of Baltimore, all
the causes and proceedings in said court as may
be then undisposed of and unfinished, in such
manner and under such regulations as may be
deemed necessary and proper."
Mr SPENCER had moved to amend the substi-
tute, by adding at the end thereof, the following
proviso:
"Provided, that no new business shall origi-
nate in the said court, nor shall any cause be re-
moved to the same from any other court in this
State, from and after the ratification of this Con-
stitution."
The question being taken upon the amendment
it was agreed to.
Mr. SHRIVER moved to amend the substitute,
by striking out the word "five" wherever it oc-
curs, and insert "two."
Mr. BOWIE moved that the question be taken
by yeas and nays, which being ordered, appeared
as follows:
Affirmative—Messrs. Bond, Bell, Welch, Sher-
wood of Talbot, Colston, John Dennis, James U.
Dennis, Dashiell, Constable, Chambers of Cecil,
McCullough, Miller, Dirickson, McMaster,
Hearn, Jacobs, Shriver, Gaither, Biser. Annan,
McHenry, Magraw, Nelson, Carter, Thawley,
Stewart of Caroline, Hardcastle, Sherwood of
Baltimore city. Ware, Schley, Fiery, John New-
comer, Harbine, Michael Newcomer, Brewer,
Fitzpatrick, Smith, Parke, Shower, Cockey and
Brown—41.
Negative—Messrs. Ricaud, Pres't., pro tem.,
Blakistone, Hopewell, Lee, Donaldson, Wells,
Randall, Kent, Sellman, Weems, Howard, Bu-
chanan, Williams, Bowie, Tuck. Spencer, Gra-
son, George, Wright, Fooks, Stephenson, Gwinn,
Stewart of Baltimore city, Brent of Baltimore
city, Waters, Anderson and Hollyday—27.
So the amendment was adopted.
The question then recurred upon accepting of
the twenty fifth section.
Determined in the affirmative.
The section was then read and adopted as he
twenty-fifth section.
The twenty-sixth section of the report was
then read as follows :
Section 26. The present judges of the county
courts of the orphans courts of Baltimore city
court and of the Magistrates courts, and the
commissioners of insolvent debtors for the city of
Baltimore, and justices of the peace, shall remain
in office until the election and qualification of the
judges and justices of the peace whose election is
provided for by this Constitution and no longer.
On motion of Mr. RANDALL,
The twenty-sixth section was amended, by in- |
serting after the word "peace" in the fourth line,
these words:
"And all other officers in commission at the
adoption of this Constitution by the people."
The twenty-sixth section was then adopted as
amended.
The twenty-seventh section of said report was
then read as follows:
Section 27. The first election of judges, clerks,
registers and justices of the peace, and all other
officers, whose election by the people is provided
for in this article of the Constitution, shall take
place throughout the State on the first Wednes-
day of October next, after the ratification of this
Constitution by the people.
On motion of Mr. BOWIE,
The twenty-seventh section was amended by
striking out the word "and" in first line, and in-
serting after the word "register," the words "of
wills," and after the words "justices of the
peace" inserting the words "and constables;"
also striking out in the fourth line "October,"
and inserting "November."
The twenty-seventh section was then adopted
as amended.
The twenty-eighth section was read and adop-
ted as follows:
Section 28. Whenever lands lie partly in one
county, and partly in another, or whenever per-
sons proper to be made defendants to proceed-
ings in chancery, reside some in one county and
some in another, that court shall have jurisdic-
tion in which proceedings shall have been first
commenced, subject to such rules, regulation-
and alterations as may be prescribed by law.
The twenty-ninth section was read as follows:
Sec. 29, In all suits or actions at law, and in
all presentments and indictments hereafter to be
commenced or instituted in any of the courts of
law of this State, having jurisdiction thereof, the
judge or judges thereof, upon suggestion in writ-
ing, if made by the State's Attorney, or the pros-
ecutor for the State, or upon suggestion in writ-
ing, supported by affidavit, made by any other of
the parlies thereto, that a fair and impartial trial
cannot be had in the Court where such suit or
action at law, or presentment and indictment is
depending, shall and may order and direct the
record of proceedings in such suit or action, pre-
sentment or indictment, to he transmitted to the
judge of any adjoining county for trial, who shall
hear and determine the same in like manner as if
such suit or action, presentment or indictment,
had been originally instituted therein; provided
nevertheless, that such suggestion shall be made
as aforesaid, before or during the term in which
the issue or issues may be joined in said suit or
action, presentment or indictment; and provided
also, that such further remedy in the premises
may be provided by law, as the legislature shall
from time to time direct and enact.
On motion of Mr. GWINN.
The twenty-ninth section was amended by in-
serting after the word "law" in the first line, the
following:
"In all issues from an orphans' court, or from
any court sitting in equity, and in all petitions for
freedom." |
