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Journal of the House of Delegates, 1805
Volume 553, Page 115   View pdf image (33K)
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VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1805. 115

Mr. Lloyd, from the committee, delivers to the speaker the following report:

THE committee to whom was referred the petition of William E. Seth and John Gibson, having taken the
same into consideration, report, that in the opinion of the committee the prayer of the petition is reasonable,
and ought to be granted; they therefore submit the following resolution:

RESOLVED, That the chancellor be and he is hereby authorised, on the application of William E. Seth and
John Gibson, or either of them, to examine into the circumstances of the execution of a deed executed by Wil-
liam E. Seth, and Anna Seth his wife, bearing date on the 10th day of August, 1798, purporting to convey
John Gibson, and his heirs, of Anne-Arundel county, the land in the said deed mentioned, which said deed
purports to be acknowledged before John Roberts, one of the associate justices for Talbot county; and if it
shall appear to the chancellor, that the said deed hath been fairly and bona fide executed, and hath not been
recorded agreeably to law, without any fraudulent design or intention of the. said John Gibson, or any person
claiming under him, that then and in such case the chancellor shall be and he is hereby authorised, to order and
decree the said deed to be recorded among the land records of Talbot county, and when such deed is recorded, it
shall, in pursuance of such decree, be taken and considered, in- all courts of law and equity, against the party
making such deed, and their heirs, devisees, executors and administrators, in the same state, and to have the
same effect and consequence, to all intents and purposes, as if such deed had been recorded within the time pre-
scribed by law, but such deed shall not destroy, or in any manner affect, the title of any purchaser of the same
thing or premises, in case of a purchase made after the date of the deed aforesaid, and without notice of such
deed by the person making such after purchase, whether such purchase be by contract, or by deed recorded"
agreeably to law, nor shall such deed, though recorded as< aforesaid, in any manner affect the creditors of the
party making such deed, who may trust such party after the date of said deed.

By order, C. GIBSON, clk.
Which was read the first and second time by especial order and the resolution therein contained assented to.

On motion,. ORDERED, That the supplementary act to the act, entitled, An act for quieting possessions, en-
rolling conveyances, and securing the estates of purchasers, and the bill to reform the penal laws of this state,
be referred to the consideration of the next general assembly.

Mr. Stephen, from the committee, delivers to the speaker the report on the petition of Samuel Moale, as
amended; which was read the first and second time by especial order and the resolution therein contained as-
sented to.

The house proceeded to the second reading of the bill to regulate and discipline the militia of this state; on
motion, the question was put, That the further-consideration of the same be referred to the next general as-
sembly? Determined in the negative.

On progression, the question was put, That the sixth clause be stricken out? Determined in the nega-
tive.

On motion, the question was then put, That the further, consideration of said bill be postponed until the first
day of June next ? Determined in the negative

On motion, the question was put, Will the house adjourn until Monday morning 9 o'clock ? Determined in
the negative.

The question was then put, Will the house adjourn until six o'clock P. M. ? Determined in the negative.

On motion, the question was put, That the blank, after the following words in the 20th clause, be filled up-
with the words " ten dollars ?" viz. " And be it enacted, that all persons conscientiously scrupulous of bear-
ing arms, and who refuse to do militia duty under this act, shall pay the sum of. " The yeas and nays being re-
quired, appeared as follow:

AFFIRMATIVE.

Neale, Gale, B. Mackall, Denny, Ward, Contee, Gleaves, Bayard,
Hebb, Mercer. Stuart, Jackson, Smoot, Callis, Bishop, Bowles,.
later, Holland, M'Pherson, Cottman, Porter, Muir, Kuhn, Linthicum. 29.
Scott, R. Mackall, Chapman, Hyland, Van-Horn,

NEGATIVE.

Hanson, Parnham, Harryman. Sturgis, Holbrook, Stephen, Carroll,.. Tomlinson,

Hurtt, Ogden, Cox, Hawkins, Turpin, Smith, Selby, Rizer. 22.

Merriken, Lemmon, Shaaff, Forwood, Ellicott, Yates,

So it was resolved in the affirmative.
The house adjourns until six o'clock P. M.

Six o'clock POST MERIDIEM.

THE house met.

The engrossed bills from number 21 to 39, inclusive, and from 43 to 90, inclusive, with the paper bills there-
of, were sent to the senate by the clerk.

The resolutions, in favour of John Gibson, Henry Gassaway and Samuel Moale, were sent to the senate by
the clerk.

The house resumed the consideration of. the bill to regulate and discipline the militia of this state; on moti-
on, That the house reconsider the 20th clause? the question was put, That the further. consideration of the.
said bill b referred to the next general assembly? Determined in the negative.

 

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Journal of the House of Delegates, 1805
Volume 553, Page 115   View pdf image (33K)
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