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Assembly shall pass all laws that may be necessary to carry
this section into effect.

EDWARD W. BELT,

Chairman of the Committee.
Which was read the first time.
On motion of Mr. Stirling,

It was ordered to be entered on the Journal, that Mr.
Cushing is detained from his seat in the Convention on ac-
count of sickness.

The Convention then resumed the consideration of the
Report of the Committee on the Judiciary Department.

The question being on the amendment submitted by Mr.
Daniel, to wit:

Insert as an additional section, the following:

"Sec. 10. The testimony in Equity cases shall be taken in
like manner as in cases at law; "

Decided in the negative.

Mr. Thruston submitted the following amendment:

Sec. 9. Strike out all after. the word "the, " in the first
line, and insert:

"General Assembly shall provide for the trial of causes in
case of the disqualification of all the Judges of the Circuit
to hear and determine the same, but in case of such disquali-
fication, the parties thereto may by consent appoint a person
to try the same; and the parties to any cause may submit
the same to the Court for determination without the aid of a
Jury; "

Decided in the affirmative.

Mr. Stirling submitted the following amendment:

Strike out from the word "party, " in the 8th line, to the
word "cannot, " in the 9th line; "

Decided in the affirmative.

Mr. Belt submitted the folio wing amendment:

Sec. 10. Insert after the word "pending, " in line ten, as
follows: "And sufficient proof to entitle the applicant to such
removal shall be the affidavit of the party to the effect that
he cannot have a fair and impartial trial of the said issue,
petition, presentment or indictment, and also that the said

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