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Journal of the House of Delegates, 1808
Volume 556, Page 74   View pdf image (33K)
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74 VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1808.

ticle of continuances alone, or rather for the doing of no service whatever. Is it possible that this can be right?
and docs it not afford an unanswerable argument in favour of the present bill?

As to those services which are peculiar to the chancery court, this house, being perfectly satisfied from a com-
parison with analogous duties required of the clerks in the other courts, and from a view of the whole subject,
that the register's tees are all or them extravagantly high, it is proposed in the second section of the bill, that
those fees, not specially limitted by the first section, should be reduced to one half the present scale, and it is
believed they will still be left higher in proportion to the trouble than those of the other officers already named.

The senate will no doubt observe, that the law which regulates those fees has become a temporary one, de-
pendent on the general continuance act, which is usually passed at the end of every session; there can be no
impropriety, therefore, in this mode of interference, for it seems So have been intended that the legislature
should exercise the discretionary power of altering any part of the fee bill whenever such reformation should be
perceived to be necessary or expedient. The clerks fees in the court of appeals were reduced three years ago
in the manner which has been stated, and those of the register also would certainly have long since shared the
same fate if the matter had been duly urged, or if the attempt, which has been sometimes thought of, had not
been defeated by going too far, or because of the connexion with other schemes which were found to be imprac-
ticable. But if abuses, as in this instance, do exist under our laws, particularly such as relate to the public
economy, and the perquisites of office, which the people are to pay, could there be a time more proper to legis-
late on such a subject than a period like this, which imposes so many sacrifices on every other class of society.

We therefore presume to return this bill to the senate, and we trust that upon further reflection they will be
pleased to give it their assent.

And the question was put, That the house agree to the same? The yeas and nays being required, appeared
as follow:

AFFIRMATIVE.

Hebb Blake Dorsey Dennis Beall J H Thomas Hughlett S Thomas
Blakistone Ireland Parnham Griffith Hayward Sappington Young Veatch
Hopewell Grahame Bayly Page Wilson J Thomas Bowles M'Mahon
Belt P Stuart Gale Perrie Bennett Forwood Carroll Tomlinson
Reynolds Chapman Cottman Herbert Baer Streett Gaither Reid 40

NEGATIVE.

Brice Stansbury Stevens Mitchell Hopper Scott Bayard Bland
Welch Harryman Edmondson Porter Spencer Sanders Willis Downey
Hodges Randall Kerr Hart Wright Davis R Steuart Hilleary 28
Merriken Brown Seth Boyle

So it was resolved in the affirmative.

The following order was read:

Whereas it is totally irreconcilable with justice, humanity and sound policy, that the state of Maryland
should permit her veterans in the revolutionary war to pine away in want and misery, when her treasury is re-
plete with wealth, flowing from their exertions and privations; therefore, in order to ascertain the number of
the survivors, and to make some uniform provision for the same, ORDERED, That the governor and council be
requested to cause the following notification to be. published in the different news-papers in this state.

The officers and privates in the Maryland line during the revolutionary war, and who are not provided for by
the state, are requested to report themselves by the next general assembly to the governor, in order that some
legislative provision may be made for them.
The house adjourns until to-morrow morning 9 o'clock.

THURSDAY, December 22, 1808.

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

The resolutions in favour of Young Wilkinson, Michael M'Can, John Imeson, and the bill to regulate the
fees of the register of the court of chancery, with the message requesting a reconsideration of the same, were
sent to the senate by the clerk.

ORDERED, That the bill for the relief of William H. Smith, of the city of Baltimore, be recommitted.

ORDERED, That the petition of Richard Dallam be withdrawn, and the committee discharged.

The bill to prevent the erection of chimnies of materials other than brick or stone in the town of Salisbury,
in Somerset and Worcester counties, was read the second time, passed, and sent to the senate by the clerk.

The bill for the appointment of a bailiff for the orphans court for Baltimore county, was read the second
time, and the question was put, Shall the said bill pass f Determined in the negative. Which bill was sent to
the senate by the clerk.

Mr. Bayard, from the committee, delivers to the speaker a bill, entitled, A supplement to an act, entitled,
An act for the relief of insolvent debtors; which was read the first time and ordered to lie on the table.

Mr. Carroll, from the committee, delivers to the speaker a bill, entitled, An act to make public a road in
Montgomery county; which was read the first and second time by especial order, passed, and sent to the se-
nate by the clerk.

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

 

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Journal of the House of Delegates, 1808
Volume 556, Page 74   View pdf image (33K)
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