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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 136   View pdf image (33K)
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78            VOTES and PROCEEDINGS, November, 1796.

    The resolution in favour of the purchasers of the Widow's Lot, in Cæcil county, was sent to the
senate by the clerk.
    Mr. Winchester, from the committee, brings in and delivers to teh speaker the following report:
    THE committee to whom was referred the letter and testamentary system reported by the chancellor
in pursuance of the request of the legislature, report, that the extent and importance of the
subjects referred to the chancellor's consideration, embracing the rules by which all lands must be
devised, and which in the revolution of a few years must operate upon all the personal property of
the state, and which, in a variety of instances, must alter and change principles long recognized as
the law of the land, ought, before its final adoption, to receive the deliberate consideration of the
house.  Considering the late period of the session at which it is introduced, it does not appear to your
committee it can undergo all the investigation which the magnitude of the subject comprised within
it requires.  They suggest the propriety of striking two hundred copies immediately, and printing it
for consideration with the acts of this session, and postponing it until the next session of assembly.
The committee consider it within the limits of their duty to recommend a continuance of the
practice of referring to teh heads of departments all important alterations of the law, both for the
greater dispatch of business, and the advantages to the community which must necessarily result from
a system of laws at the same time correct, well digesting and comprehending all particular heads in
one general act.  The multiplication of laws must always increase the difficulty of obtaining correct
knowledge of the legal code, and create doubts as to their true construction.  Perspiciuty and
precision, united with all the simplicity the subjects will admit, are sources of the greatest security to
all social rights.  The importance of these considerations, which, from the nature of our constitution,
cannot be expected in the representative body, ought to induce the legislature to provide some
means to justify calls on the proper departments.  In teh instance before them, they cannot avoid
expressing their opinion of the necessity of compensating the extraordinary exertion which has produced
a system, in which sound judgment, great penetration, and uncommon labour, appear so
eminently conspicuous.  But as the gradual improvement of our jurisprudential code will occasion a
frequent necessity for such calls on their officers, any provision for particular instances would not
comport with justice to them, or the principles of œconomy which they wish to see established.  In
conformity to the spirit of our constitution, salaries liberal, but not profuse, ought to be secured.
At present they are greatly inadequate to the services rendered, and the legislature cannot consistently
call for additional sacrifices without an increase of their allowance.  They therefore recommend an
increase of the salaries of the chancellor and judges.  All which is submitted.
                                                            By order,                                        J. W.  KING, clk.
Which was read.
    Petitions from Patrick Golding, Robert Doyne and Elkin Solomon, of Baltimore-town, praying
acts of insolvency, were preferred, read, and referred to the committee appointed on petitions of a
similar nature.
    A petition from sundry inhabitants of the head of Chester, in Kent and Queen-Anne's counties,
and its vicinity, praying an act may pass to prevent hogs from going at large in the village of Centreville,
was preferred, read, and referred to Mr. Spencer, Mr. Buchanan and Mr. C. Frazier, to
consider and report thereon.
    Mr. Whittington, Mr. Lamdin, Mr. Corbin and Mr. Wilkins, have leave of absence.
    The supplement to an act, entitled, An act to remove the market-house at the head of Elk, and
establish the same, and for the advancement and regulation of said town, was read the second time,
passed, and sent to the senate by the clerk.
    The bill to authorise and empower the president and directors of the Patowmack company to contract
the breadth of the locks at the Great Falls of Patowmack, was read the second time, passed,
and sent to the senate by the clerk.
    The further supplement to an act, entitled, An act to lay out several turnpike roads in Baltimore
county, and for other purposes, was read the second time, passed, and sent to the senate by the clerk.
    The following message being prepared, was sent to the senate, with the resolution in favour of
Daniel Bussard, by the clerk.

By the HOUSE of DELEGATES, December 19, 1796.
        GENTLEMEN OF THE SENATE,
    WE have returned you the resolution in favour of Daniel Bussard, of Frederick county, to which
you have refused your assent, but hope, upon reconsideration, the obvious propriety of the resolution will
procure your concurrence in the measure.  Every principle of equity certainly dictates the propriety of
costs being recoverable from the state in cases where our citizens have been manifestly harrassed by process
issued at the instance and for the recovery of a debt supposed to be due the state.  We do not know
what principle actuated the senate in refusing assent to the resolution, but suppose the general rule of law
which has been adopted, that the state is not liable for costs, was the ruling motive; but if, on reconsideration,
this rule shall appear unjust and hard, we anxiously hope it will be departed from.
                                                            By order,                                        W.  HARWOOD, clk.
    The clerk of the senate delivers the further supplement to the act, entitled, An act for the establishment
of select vestries, endorsed; " By the senate, December 3, 1796:  Read the first time
" and ordered to lie on the table.
                                                            " By order,                                      A.  VAN-HORN, clk.
" By the senate, December 17, 1796:  Read the second time and will pass.
                                                            " By order,                                      A.  VAN-HORN, clk."
    Ordered to be engrossed.

 
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Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 136   View pdf image (33K)
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