1867.] OF THE HOUSE OF DELEGATES. 1063

The House took up for consideration the bill entitled an
Act to repeal sub-section .two of section five, enacted as part
of the fifth section of the 37th article of the Code of Public
General Laws, relating to the competence of witnesses by the
Act of 1864, chapter 109, and to enact another provision in
lieu of said sub-section two, so repealed ;

Said bill being upon its final passage,

Mr. Nicolai moved the previous question ;

Which was sustained.

The question then being, "Shall the previous question be
now put?"

It was sustained.

The question then recurring upon the the passage of the
bill;

It was rejected for the want of a constitutional majority by
yeas and nays as follow :

	AFFIRMATIVE.
Messrs. Miller, Speaker, Hall, Clarke, Ford, Nicolai, Jones, Dennis, Phelps, Magruder, Rouzer, Buhrman,	Baker, Linthicum, Gorsuch, Steiner Bamford, Appleman, Bishop, Neilson, Knott, Lankford, Stevens,	Kraft, Davis, of B. city, Waltemeyer, Bixler, Spicer, Bruce, Devecmon, Carmichael, Criswell, Dawson, Hammond — 34.
	NEGATIVE.
Messrs. Morgan, Welch, Cameron, Hutchins, Shipley, Davis, of Charles, Parsons,	Golibart, Whitaker, Burche, Turner, Coleman, Smith, Flaherty,	Israelj Thomson, Feig, Nelson, Wilson, Brydon, Neale— .20.

On motion of Mr. Jones,

The vote by which the bill was rejected was reconsidered.
Mr. Jones moved a call of the House,
Which was sustained.
The following members responded to their names :

Messrs. Miller, Speaker, Morgan, Beek, Welch, Hall, Wil.
liams, Clarke, Cameron, Hutchins, Ford, Shipley, Nicolai.