the 1st line the word "constables," and after
the word "elizors," insert "and notaries public,"
The twenty-third section was then adopted
as amended.
The 24th section of the report was then read
as follows:
"No judge shall sit in any case wherein he
may be interested, or where either of the parties
may be connected with him by affinity or con-
sanguinity within such degrees as may be pre-
scribed by law, or where he shall have been
counsel in the cause; and whenever any of the
judges of the circuit courts, or of the courts for
Baltimore city court, shall be thus disqualified,
or whenever by reason of sickness or any other
cause, the said judge or any of them may be un-
able lo sit in any cause, the parties may by con
sent, appoint a proper person to try the said
cause, or the judges shall exchange districts and
hold courts for each other, when they may deem
it expedient, and shall do so when directed by
law."
The question being taken upon the section,
it was adopted.
The 25th section of the report was then read.
This section was passed over on April 29th,
with the amendments pending, informally.
The question pending being on the amendment
offered by Mr. JOHN NEWCOMER, to amend the
25th section in printed report, by striking out
from the word "office" in the 8th line, to end of
said section, and substitute in lieu of it the fol-
lowing:
"For two years at the expiration of which
time any causes remaining unheard and unde-
termined, shall be taken to the county or city
where the defendant, or if more than one, a plu-
rality of the defendants may reside, where the
judge of the county or city court shall have ju-
risdiction, hear and determine the same, and after
the expiration of two years from the adoption of
this constitution, the office of register in chan-
cery, shall be and hereby abolished.
Mr. BOWIE. I hope this amendment will not
be adopted. The bill as reported by the com-
mittee provides for the abolition of the Chancery
court at the expiration of five years. Suppose
that the large amount of business now on hand
in this court, amounting to between 2000 and
2500 cases, should be undisposed of within that
time of two years, a little reflection would show
provision in relation to the business now pend-
ing in that court. Almost one half of the
the danger to the interests of the State from this
titles to land in the State of Maryland, have been
derived through that court, and when we look
to the immense amount of money in that court
ready for distribution in the hands of trustees, or
to the credit of trustees in the Farmers Bank of
Maryland; when we consider that all this money
is to beappropriated under the order of the Chan-
cellor by the very terms of the trustee's bonds, we
shall find it utterly impossible for us by this
Constitution to make any alterative which will go
to effect the liability of these bonds. There
are contracts now existing at law; and it is not |
in the power of the legislature or this Conven-
tion, to strike them out of existence. If at the
end of two years we send the papers back to the
various county courts where these cases are to he
brought up and the proceedings to be perfected,
will any lawyer say that an order from the
county court will be obligatory upon the trus-
tee, or that if money is paid according to that
order, it will have any legal effect whatever?
We ought to do something by which the pro-
ceedings now pending may he matured. It may
possibly be done within five years, but not in
less tune. No new causes will be transferred to
this court, and why should we be so very anx-
ious to send back the business now before them,
especially when we consider the danger from
the transportation of these original papers,
which may be lost? At the end of five years,
these cases will be disposed of and the records
deposited in the archives as records of the title
to property sold by that court. Let the Chan-
cery court be abolished in the manner proposed
and it will be most agreeable to all the parties
concerned, producing no confusion; hut it can-
not be done in two years; and I hope therefore
that the amendment of the gentleman from
Washington [Mr. J. Newcomer] may not pre-
vail.
Mr. RANDALL. I hope I may be indulged,
from the position I here occupy, representing a
county essentially and especially to be injured
by this abolition of the Chancery Court and sum-
mary conclusion of its business, in again occupy-
ing the attention of the Convention, even under
the restrictions now imposed upon me. But, sir,
the whole of this judicial district, whose chancery
business has been performed in this court, will
be essentially injured by the contemplated ar-
rangement. Indeed, the general jurisdiction of
the court, and its facilities in adjusting and con-
cluding complicated matters of account, have in-
vited to its docket hundreds of cases from all
parts of the State. I may, therefore, urge upon
the entire Convention to reflect upon the injury
they are doing to their own constituents before
they dispose of this court in such careless and
unbecoming haste.
Hundreds of causes have been brought here by
parties, who, confiding in the laws as now exist-
ing, and in the wisdom of future legislation for
their protection, will suffer from the breach of
that faith in now denying them the proper time
and means to complete that business which you
invited them to bring into this court. Thousands
of dollars have been paid to solicitors and others
for the performance of those duties, which will
have to be again paid to others upon whom your
proposed plan will force these duties. Original
vouchers, bonds, notes, accounts, to the amount
of hundreds of thousands of dollars, are now on
file in this court, partially proved against deceas-
ed estates and living debtors, which may be lost
if sufficient time he not allowed to conclude these
causes. Many of these claims have just been
filed—many of them are in the hands of outstand-
ing commissioners, yet to be proved. These commissions
are to be executed in other States. |
