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72
VOTES and PROCEEDINGS, November, 1796.
On motion, Leave given to bring in a bill to appoint
an agent for the year 1797. ORDERED,
That Mr. Robins, Mr. Winchester, Mr. Brother, Mr. Wilson and Mr. W. Thomas,
be a committee
to prepare and bring in the same.
The additional supplement to the act, entitled, An act
relating to the standard of English weights
and measures, was read the second time, and the question put, That
the said bill do pass? Determined
in the negative.
A petition from John Flemming, junior of Montgomery
county, praying an act of insolvency,
was preferred, read, and referred to the committee appointed on petitions
of a similar nature.
The house proceeded to ballot for a committee clerk,
and the ballots being deposited in the ballot
box, the gentlemen named to strike retired, and after some time reported,
that Archibald Golder was
elected.
ORDERED, That he be qualified.
The clerk of the senate delivers the bill to confirm
the title of Levin Irving and Samuel Smylie
to the lands therein mentioned, endorsed; " By the senate, December 13,
1796: Read the first time
" and ordered to lie on the table.
" By order,
A. VAN-HORN, clk.
" By the senate, December 15, 1796: Read the second time and will
not pass.
" By order,
A. VAN-HORN, clk."
And the bill to lay out certain roads, and authorising certain public
landings, in Worcester county,
endorsed; " By the senate, November 30, 1796: Read the first time
and ordered to lie on the table.
" By order,
A. VAN-HORN, clk.
" By the senate, December 15, 1796: Read the second time and will
not pass.
" By order,
A. VAN-HORN, clk."
Mr. Key, from the committee, brings in and delivers
to the speaker a bill, entitled, An act respecting
two tracts of land lying in Allegany county, the one called Grassy Cabbin,
the other called
The Desert, and a bill, entitled, An act for confirming the divisions
made in the city of Washington
of the estate of John Davidson, deceased, and for other purposes; which
were severally read the
first time and ordered to lie on the table.
Mr. Key, from the committee of conference, brings in
and delivers to the speaker the following
report:
THE joint committee of both houses, appointed to confer
upon the subject of the stock due to
this state in the bank of England, beg leave to report, that they have
communicated with Samuel
Chase, Esquire, agent for the recovery thereof, and have received from
him the following verbal information
respecting the actual situation of the said stock: That in consequence
of the death of James
Russell previously to the year 1789, against whom, as the only acting trustee
of said stock, the
agent, while in London, had filed a bill in the high court of chancery
of England to enforce a
transfer thereof, it will be necessary to file a bill of revivor to reinstate
the suit, and entitled himself
to a recovery of the stock, as agent for the state; that the executors
of Osgood Hanbury, and company,
in virtue of an assignment made by the agent, pursuant to the act of assembly
of November
session, 1786, chap. 50, empowering him to assign to the said Hanbury,
and company, a sum not
exceeding £.11,000 capital bank stock, have filed a bill in chancery
against Henry Harford, Esquire,
late proprietary of the then province of Maryland, and others; that in
making the said Henry
Harford party to the said suit, the agent conceives they have acted
very improperly, and that it
was without his knowledge; that he had been advised with upon the occasion,
he would not have
assented to the measure, of which he cannot see the necessity, or divine
the reason; that he has long
ago lodged money in the hands of Mr. William Murdock, of London, to pay
the Messieurs Lyons,
his solicitors in chancery, their bills of costs; that Mr. Murdock has
frequently called upon them
to produce their bills, and receive their amount, which, though often promised,
they have hitherto
declined producing and receiving payment; that the agent had understood,
that the former chancellor
was averse from giving a decree respecting this stock, alleging, that it
was a matter fitter for
diplomatic negotiation than for his decision as chancellor; that in consequence
of this information
and suggestion, our executive, on the application of the agent, had requested
the executive of the
United States to direct Mr. Jay, if not inconsistent with the objects of
his mission, to interpose on
behalf of this state with the British ministry, and to obtain payment of
the bank stock bonâ fide due
to it; that Mr. Jay, or Mr. Pinkney, the resident minister of the United
States to that court; that
Mr. Jay had some conversation with the chancellor respecting this stock,
but that its recovery had
not been made the subject of negotiation; that the secretary of state
has promised the agent to write
to Mr. King to render every service in his power to this state with
respect to its stock in the bank of
England; that Mr. William Pinkney is instructed by the agent, (but the
instructions have not been
imparted to the committee,) to consult with Mr. King, to use his utmost
endeavours, in conjunction
with that gentleman, to obtain a decision in the court of chancery, and
in consequence thereof an
assignment and transfer of the stock to the persons appointed to receive
it by the act of assembly of
November session, 1791, chap. 86; that one of the said persons is misnamed
in the said act, being
called Sir James instead of Sir Robert Herries, which misnomer the committee
are of opinion
should be rectified by a supplementary act of the present session;
that the capital bank stock, exclusively
of the aforesaid assignment to Osgood Hanbury, and company, amounts
at this time to
£. 60,000; that by the latest advices £. 100 capital stock
of the bank of England would command
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