The PRESIDENT thought that the amendment
was not pertinent, because it would cause incon-
gruity.
Mr. RIDGELY, it appears to me that the sim-
ple question is upon the motion of the gentleman
from Frederick, (Mr. Shriver,) to strike out one
and insert three. It is a distinct, separate and
independent proposition in its nature. The
amendment offered by the gentleman from Kent,
is to add to or qualify the duties of this officer
when appointed. They are certainly indepen-
dent, and incongruous propositions. The naked,
isolated proposition is, will the Convention agree
to strike out three judges and insert one judge?
Mr. CHAMBERS. To relieve the chair of diffi-
culty, I will, for the present, withdraw my amend-
ment. The Convention will now understand that
if one judge is continued, the proposition will be
offered to make the circuit judge that judge.
Those who prefer three judges will, of course,
not adopt the system of having this circuit judge.
Those who prefer a circuit judge presiding, will
vote for the motion to strike out.
Remarks of Mr. CHAMBERS, Monday, April 28th,
1851.
Mr. CHAMBERS said:
He had prepared, with the assistance of his
friend from Somerset, (Mr. Crssfield,) a plan for
the Orphan's Court, according to the suggestion
he had submitted on Saturday. It proposes to
give jurisdiction to the Register of Wills, over
all cases now within the usual jurisdiction of
that court. By this arrangement the court will
always be open to persons having business to
transact. By the terms of the bill establishing
the Circuit Courts, the Judge of that court will
necessarily visit each county in his circuit four
times in the year. It is proposed that on each
of these occasions he should attend to any
duty which may require his presence in the Or-
phan's Court: to hear and decide upon appeals
from the decision of the Register, or to act on
any matter of difficulty, reserved for his consid-
eration. On these occasions opportunity will be
offered, to correct any errors complained of, in
the administration of the register, and without
delay. The existing law provides for an appeal
to the Court of Appeals, unless the parties by an
agreement filed in the Orphan's Court, consent
to an appeal to the County Court, thus virtually
giving an appeal to either of these courts which
the parties may select. The plan now submit-
ted is substantially the same, in cases of ordinary
occurrence; with a modification however which
it is believed, will be useful and satisfactory to
suitors. It proposes that in contested cases,
looking chiefly to cases of contested wills, where
frequently difficult questions of law arise, the
parties, by consent, may submit the case at once
to the judge, and take an appeal from his decis-
ion to the Court of Appeals, it also requires the
judge to prescribe rules for the transaction of
business, in the department of the register, as
well as his own. A good deal of sensative ap-
prehension has been expressed, as to the proprie-
ty of securing to persons having business in the |
Orphan's Court, the right to transact it in per-
son, and without being compelled to employ
counsel; and an objection has been suggested to
this particular provision, by a gentleman near
me, least it might result in establishing a system
of rules which would render the services of a
lawyer necessary.
Mr. C. said, no rule existed in any court in
this State, which precludes a man from trying
his own case, if he thinks proper to dispense
with legal assistance, and certainly nothing was
more improbable than the attempt to introduce
such a rule. The judge would about as soon
think of passing a rule directing the crier to
knock out the brains of a litigant party, as soon
as he entered the door of the court. Neverthe-
less, if insisted upon, he should not resist an
amendment to guard against it. If the Conven-
tion shall adopt this scheme, I have a further
amendment, said Mr. C., in relation to the Cir-
cuit Judge, to conform to this arrangement,
which shall be next presented.
He then moved the following as a substitute
for the tenth section of the bill:
"The register of wills shall have power to
perform and execute such duties as are now per-
formed by the Orphan's Courts, and for that pur-
pose issue process for parties or witnesses, ac-
cording to the practice of said courts, and any
person who may be interested may appeal from
the decision of the register, to the Judge of the
Orphan's Court, whose decision shall be final and
conclusive between the parties to said appeal; but
the persons interested may, by an agreement to
be previously filed in the office of Register of
Wills, take an appeal to the Court of Appeals in-
stead of the Judge of the Orphan's Court. In
any contested case, occurring in said court, the
parlies may by consent submit the decision of the
cause, in the first instance, to the judge instead
of the register, and in such case, the said judge
shall have original jurisdiction over the 'same,
and an appeal may he taken from his decision to
the Court of Appeals."
Mr. CHAMBERS said, in answer to the objection
of his friend from Queen Anne, (Mr. Grason,) he
had only to remark, that according to the returns
before the House, the judges in his district had
attended court one hundred days in the year on
an average. It was believed that an allowance of
two days at each visit to the county would be am-
ple for all the business the judges would be called
to transact in the Orphans' Court. In the gentle-
man's district there are four counties, a larger
number than in the other circuits. Two days at
each of four sessions would make eight in each
county and eight in each of the four counties
would make thirty-two in the whole, which
added to the average of one hundred would make
an aggregate of judicial service of one hundred
and thirty-two days in the year. He had no
more to say.
MOTIONS TO RECONSIDER.
Remarks of Mr. CHAMBERS—May 1st.
Mr. CHAMBERS observed:
That having heretofore expressed his views in |
