70 VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1805

FRIDAY, January 3, 1806.

THE house met. Present the same members as on yesterday. The proceedings of yesterday were read.

A petition from sundry citizens of Baltimore, praying that a law may pass making it criminal to mix corn, or
any other flour, with wheat flour, with an intention of passing or disposing of the same as wheat flour, was
preferred, read, and referred to Mr. Ellicott, Mr. Stephen and Mr. Moffit, to consider and report thereon.

A petition from Temperance Vessels, of Saint-Mary's county, praying that a law may pass authorising the
levy court of said county to levy a sum of money for her support, was preferred, read, and referred to Mr.
Neale, Mr. Plater and Mr. M'Pherson, to consider and report thereon.

Mr. Kuhn, from the committee, delivers to the speaker a bill, entitled, An act to lay out and make a public
road in Frederick county; which was read the first time and ordered to lie on the table.

Mr. Harryman, from the committee, delivers to the speaker a bill, entitled, An act to lay out and open a
certain road in Baltimore county to intersect the main road leading from Cromwell's bridge to Baltimore; which
Was rend the first time and ordered to lie on the table.

The house, according to the order of the day, proceeded to the second reading of the bill to provide for the
organization and regulation of the courts of common law in this state, and for the administration of justice
therein.

On progression in reading the same, the question was put, That the following clause be stricken out of said
bill ? viz. " And be it enacted, That the said judges shall execute the duties required of them in the manner
prescribed by their commissions respectively, and the form thereof shall be as follows, to wit: The state
of Maryland to A. B. chief judge, and C. I), and E. F. Esquires, associate judges, of —— judicial district,
Greeting. Be it known, that reposing great trust and confidence in your integrity and sound legal knowledge,
you A. B. are appointed and assigned chief judge of ——— judicial district, and in virtue thereof judge of the
court of appeals, and you C. D. and E. F. are appointed and assigned associate judges of the said judicial dis-
trict of this state, to do equal right and justice, according to law, in every case in which you shall act as judge,
jointly or severally, freely without sale, fully without any denial, and speedily without delay; and you, and
every two or one of you, are assigned judges of the county courts in the said ——judicial district, to execute
the said office of judge in said courts justly, honestly, diligently and faithfully, according to law, and you
are respectively to hold and execute the said office of judge for and during your good behaviour, and removable
only in the manner prescribed by the constitution and form of government. Given under the seal of the state
of Maryland, this —— day of ——, in the year eighteen hundred and ——. " The yeas and nays being re-
quired, appeared as follow:

AFFIRMATIVE.

Plater, Chapman, Jackson, Cottman, Frazier, Van-Horn, Shaaff, Carroll. 14.
Parnham, Ogden,. Bayly, Hyland, Ward, Callis,

NEGATIVE.

Neale, Dorsey, Lemmon, Porter, Sturgis, Montgomery, Turpin, Yates,

Scott, Higgins, Harryman, Hall, Bishop, Forwood, Jump, Watts,

Hanson, Holland, Ennalls, Contee, Hawkins, Ayres, Stephen, Bruce,

Hurtt, B. Mackall, Smoot, Blake, Waters, Street, Bowles, Tomlinson,

Gale, Somervell, Cox, Nicholson, Cockey, Holbrook, Smith, Rizer. 46,

Merriken, M'Pherson, Moffit, Gleaves, Kuhn, Bayard,

So it was determined in the negative.

On motion, the question was put, That the words " Witness —— —— chancellor" be added to said clause ?
Resolved in the affirmative.

On motion, ORDERED, That the further consideration of the sixth section be postponed until to-morrow.

On motion, the question was then put, That the words " or orphans court" be stricken out of the 9th clause?
Resolved in the affirmative.

On further progression the question was put. That the following words be inserted after the 9rh clause? via.

" And be it enacted, That in all cases where writs of error shall issue on judgments heretofore obtained in the
late general court of either shore, the same shall be directed to the judges of the proper court of appeals, and
shall be made returnable before the said court, at the time and place of holding the same, and shall be thereup-
on proceeded in as in cases of appeals from the late general court to the late court of appeals. " Resolved in
the affirmative.

On motion, ORDERED, That the further consideration of the 17th section of said bill be postponed until to-
morrow.
ORDERED, That the further consideration of the 22d section be postponed.

On motion, the question was put. That the following be inserted after the 22d section ? viz. " And be it
enacted, That in all cases, either on the original or judicial docket of any late county court, where no return
has been made of writs in the hands of any sheriff, or where after return the party defendant has not appeared
to the. suit, or satisfied the execution, and no commitment has been prayed, or amerciament or default entered
against the sheriff, the same proceedings may be had at the next county court of the county wherein such writs

were issued or returnable, as if the courts to which they were returnable had still continued in session; and