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Journal of the House of Delegates, 1808
Volume 556, Page 25   View pdf image (33K)
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VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1808. 25

or either of the said justices, then to any other judge of the judicial district, or justices as aforesaid; and if the
said judge or justice shall think proper, he or they may and shall call upon the person or persons so entering into
the said confession to enter into another confession for the same debt and costs, with other security, to be ap-
proved of by the said judge or justices; and if the person or persons so called on for other security as aforesaid,
shall not, within a fixed reasonable time, give such further security as the said judge or justices shall approve
of, the said judge or justices may and they are hereby directed to giant a license, under his or their hands and
seals, directed to the clerk or register of the court where the said confession shall have been entered into of record
as herein before directed, authorising and directing the said clerk or register to issue such execution thereon as
the creditor shall direct, and such clerk or register, upon the receipt of the said license, shall and he is hereby
directed to issue such execution accordingly, any thing in this act to the contrary notwithstanding; and the she-
riff, constable or coroner, as the case may be, to whom such execution shall be directed, shall and he is hereby
directed to levy or serve such execution accordingly, any thing in this act to the contrary notwithstanding, unless
the person or persons against whom the said execution shall issue shall produce a certificate from the clerk afore-
said, stating that such further security hath been Riven, which said certificate, so as aforesaid obtained, shall
operate as a supersedeas in the manner herein before directed; which said confession, so as aforesaid to be taken
with other security, shall be returned as herein before directed, under the like penalty, and such proceedings
thereon shall and may be had as are herein before directed. "
The yeas and nays being squired, appeared as follow:

AFFIRMATIVE..

Angier Stansbury Mitchell Porter Spencer Wright Bayard R Steuart. 9.
Moffitt

NEGATIVE

Hebb Ireland Brown Frazier Boyle Baer Young S Thomas
Blakistone Grahame Edmondson Griffith Hopper J H Thomas Bland Veatch
Hopewell P Stuart Kerr Veazey Scott Sappington Tilghman Hilleary
Hodges Chapman Seth Hart Hazard J Thomas Gabby M'Mahon
O Williams Dorsey Bayly Page Wilson Forwood Downey Tomlinson
Merriken Parnham Gale Herbert T N Williams Street Bowles Reid.
Blake Randall Cottman Beall Bennett Sanders Gaither 55

So it was determined in the negative

On further progression, the question was put, That the following be inserted after the thirteenth clause? viz:
" And be it enacted. That if any person or persons against whom a judgment has or may hereafter be rendered
in any court of law, or any person or persons against whom any decree in chancery has been or may be here-
after obtained, or any person or persons against whom a judgment has or may hereafter be obtained before any
justice of the peace, shall not, within ten days after the rendition of such judgment, or obtaining of such de-
cree, supersede the same, as by this act is contemplated and directed, that then the creditor or creditors, their
executors or administrators, may take out a writ of fieri facias, and cause the same to be levied by the sheriff,
(or other legal officer to whom such writ of execution may be directed, ) on any of the goods, chattels, lands or
tenements, of such person or persons, and thereupon the sheriff, or other proper officer to whom the writ afore-
said was directed, shall proceed to advertise and sell such goods and chattels, lands or tenements, thus levied
on, at a price not less than the valuation, to be ascertained by three respectable appraisers, to be selected by
the sheriff, or other proper officer, and duly sworn for that purpose. " The yeas and nays being required, ap-
peared as follow

AFFIRMATIVE.

Angier Stansbury Stevens Mitchell Hart Wright Bayard Gabby
Moffitt Kendall Seth Porter Spencer Scott R Steuart Downey 19
O Williams Brown Ennalls.
NEGATIVE

Hebb Ireland Edmondson Dennis Hopper J H Thomas Davis S Thomas
Blakistone Grahame Kerr Griffith Hayward Sappington Young Veatch
Hopewell P Stuart Bayly Veazey Wilson J Thomas Bland Hilleary
Hodge Chapman Gale Herbert T N Williams Forwood Tomlinson M'Mahon
Belt Dorsey Cottman Beall Bennett Streett Bowles Tomlinson
Merriken Parnham Frazier Boyle Baer Sanders Gaither Reid 40
Blake

So it was determined in the negative.

The bill being read throughout, the question was put, That the house reconsider the preamble thereof? De-
termined in the negative.
The question was then put, Shall the said bill pass? Resolved in. the affirmative.

The speaker laid before the house a letter from the clerk of the council, stating that he had procured and had
bound the several acts of congress, agreeably to the order of this house, passed last session; which was read.

Mr. Seth, from the committee, delivers to the speaker a bill, entitled. An act relating to the public roads of
Talbot county; which was read the first time and ordered to lie on the table.
A petition from Ariana French, of George-town, praying that the title of the state to certain property there-
in mentioned may be released to her, was preferred, read, and referred to Mr. J. H. Thomas, Mr, Spencer, and
Mr. Dorsey, to consider and report thereon.

D

 

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Journal of the House of Delegates, 1808
Volume 556, Page 25   View pdf image (33K)
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