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THE PRESIDENT: The amendment
having been submitted by Delegate Kiefer
and seconded by the co-sponsors, the Chair
recognizes Delegate Kiefer.
DELEGATE KIEFER: Mr. President,
ladies and gentlemen of the Convention,
this is purely to clean up this language
and make it clear that a jury will be of
twelve people in civil cases, though the
General Assembly may provide for not less
than six nor more than twelve in cases
involving the District Court.
It is only a matter of clarification, and I
hope therefore we can pass it very quickly.
Delegate Burdette.
DELEGATE BURDETTE: Mr. Presi-
dent, I should like to support the amend-
ment, since I think I happen to be the mem-
ber of the Committee on Style who insisted
that the change could not be made because
it is a change of substance and not of style,
but apparently it is desired by all of the
original movers as well as the Committee,
and is desired by the Committee on Style.
THE PRESIDENT: Is there any dis-
cussion? Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 10 to Committee Recom-
mendations R&P-1 and R&P-2 as amended
by S&D-9. A vote Aye is a vote in favor of
the amendment; a vote No is a vote against.
Cast your vote.
(Whereupon, a roll call vote was taken.)
THE PRESIDENT: Has every delegate
voted? Does any delegate desire to change
his vote?
(There was no response.)
The Clerk will record the vote.
There being 104 votes in the affirmative
and none in the negative, the motion is
carried, the amendment is adopted.
Delegate Singer, did you get a copy of —
is Delegate Singer out? See if Delegates
Dulany and Singer are in the lounge and,
if they are, ask them to come in.
Delegate Singer, have you seen a copy
of the section as it would be rewritten?
DELEGATE SINGER: No.
THE PRESIDENT: I think it is prob-
ably on your desk. I asked the pages to
get it to you.
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Do you still have a question, Delegate
Singer, or are you satisfied?
DELEGATE SINGER: I am satisfied.
THE PRESIDENT: Very well. Amend-
ment No. 9, which is not printed, would
make section 1.12 read as follows: "No
person shall be imprisoned for debt, but an
obligation for the support of a dependent,
or for alimony, created by a valid decree
of a court or created by an agreement ap-
proved by a decree of a court, shall not
constitute a debt within the meaning of
this section."
Does that state your intent, Delegate
Dulany?
DELEGATE DULANY: That is correct,
Mr. President.
THE PRESIDENT: Delegate Willoner.
DELEGATE WILLONER: Mr. Chair-
man, I have a question to raise. This par-
ticular constitutional provision had the
language "dependent children" in, at one
time, and it was held not sufficient to cover
illegitimate children. I assume "dependent"
is assumed to be broad enough to cover
illegitimate children.
THE PRESIDENT: Delegate Dulany
stated earlier the use of the word "de-
pendent" is in no way limited by any legal
or other kind of relationship. It is intended
to describe a status which would exist re-
gardless of any relationship. Is that cor-
rect, Delegate Dulany?
DELEGATE DULANY: That is correct,
Mr. President.
THE PRESIDENT: Delegate Carson,
have you seen the language of the section?
DELEGATE CARSON: Mr. Chairman,
the language is agreeable to me.
THE PRESIDENT: Delegate Kiefer.
DELEGATE KIEFER: Mr. President, I
do not want to be cantankerous about this,
but I am afraid this goes further than was
contemplated and further than the original
amendment or original recommendation of
the Committee.
I have no objection to it, but there has
been nothing in the law at this time which
would allow an imprisonment for debt for
nonsupport of a parent. I suppose it would
be all right if we wanted to put it in, but
it is a new concept. I think we ought to
understand that we are doing something
quite different from what we started out
to do.
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