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Journal of the House of Delegates, 1808
Volume 556, Page 77   View pdf image (33K)
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VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1808. 77

Mr. Hodges, from the committee, delivers to the speaker a bill, entitled. An act annulling the marriage of
Francis Fibbins and Hester Fibbins, of Anne-Arundel county, and Mr. Sanders, from the committee, delivers
to the speaker a bill, entitled, An act for the benefit of William Smith, devisee of Robert Smith, late of Har-
ford county, deceased; which were read the first time and ordered to lie on the table.

The clerk of the senate delivers the bill authorising a lottery to raise a sum of money to enlarge and improve
the hospital in the vicinity of Baltimore, and for other purposes, and the bill in favour of Elam Miller, of Bal-
timore county, severally endorsed, " will pass. " Ordered to be engrossed. Also the bill to prevent the erecti-
on of chimnies of materials other than brick or stone in the town of Salisbury, in Somerset and Worcester
counties, and the bill to amend an act to reduce into one the several acts of assembly respecting elections, and
to regulate said elections, severally endorsed, will not pass. " Also a bill, entitled, A supplement to the act.
entitled, An act to incorporate the stockholders of the Mechanics Bank of Baltimore, endorsed, " will pass; "
which was read the first time and ordered to lie on the table. And the resolution in favour of Francis Johnson,
endorsed, " dissented from. "

The house proceeded to the second reading of the bill to alter and abolish all such parts of the constitution
and form of government as are therein mentioned, and, on motion, That the following words be stricken out,
to wit: " That there shall be, and there is hereby created and established, a district court of chancery in and
for each of the several judicial districts in this state, and that there shall be appointed and commissioned for
each of the said judicial districts, a person of integrity and sound legal knowledge, residents of the state, who
shall be styled in the commission Chancellor of the district for which ne shall be appointed, and who shall, pre-
vious to and during his acting as chancellor of the district, reside in the district tor which he shall be appointed,
and he shall hold his commission during good behaviour, removable for misbehaviour in the manner prescribed
by the constitution and form of government for the removal of the chief judge of the several judicial districts;
and the chancellor of the district, so to be appointed for each respective district, shall preside and hold the dis-
trict court of chancery within his said district; and the district court of chancery so as aforesaid established,
shall have, hold and exercise, in the several districts, all and every the powers, authorities and jurisdictions,
which the chancellor of this state now has and exercises, and which shall hereafter be prescribed by law; and
the said chancery district courts, established by this act, shall respectively hold their courts in the several dis-
tricts at such time and places as the legislature shall direct and appoint, and the salaries of the said chancellors
shall not be diminished during their continuance in office. And be it enacted, That the court of appeals as now
established, instead of being composed of the chief judge of the several judicial districts, shall be composed of
the chancellors of the respective districts, who shall, when sitting in the court of appeals, be styled Judges of
the Court of Appeals. And be it enacted, That each of the chief justices of the several judicial districts, who
shall be in commission when this act takes effect, shall be commissioned as chancellor of the district in which he
resides. And be it enacted, That appeals may be prosecuted from the decree of the district courts of chancery
to the court of appeals, in the same manner as is now used and prescribed from the court of chancery to the
court of appeals, and the judge who may have given, as chancellor of the district, a decree in the district court
of chancery, shall withdraw From the bench upon deciding the same case in the court of appeals. And be it
enacted, That there shall be a register, who shall be the auditor for each of the district courts of chancery, to
be appointed by the chancellor of the district, who shall hold his commission during good behaviour, removable
only for misbehaviour, on conviction in a court of law, and shall receive such fees as may by law be prescribed.
And be it enacted, That the chancellor of the district in which each of the land-offices shall be held, shall be
judge thereof. And be it enacted, That there shall be a seal for each of the said district courts of chancery
established by this act, and that the governor shall be the keeper of the great seal, and attest all public commis-
sions and grants. And be it enacted, That there shall be appointed for each of the said judicial districts, two
persons of integrity and sound legal knowledge, residents of this state, and who, previous to their appointment,
and during their acting as judges; shall reside in the district for which they shall respectively be appointed, one
of whom shall be styled in the commission Chief judge, and the other Associate Judge, of the district for which
they shall be appointed, and the chief judge, with. the associate judge, shall compose the count) court in each
respective district, and each judge shall hold his commission during good behaviour, removable tor misbehaviour,
on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly,
provided two thirds of all the members concur in such address; and the county courts, so as aforesaid establish-
ed, shall have, hold and exercise, in the several counties of this state, all the powers, authorities and jurisdic-
tions', which the county courts of this state now have, except so far as the same may be altered, or which may
be hereafter granted by law. And be it enacted, That all and every part of the constitution and form of go-
vernment which relates to the court: of appeals and the county court, the judges thereof, or the chancellor or
register in chancery, or that is in any manner repugnant to, or inconsistent with, the provisions of this &, be
and the same is hereby repealed, abrogated and annulled, upon the confirmation hereof, " for the purpose of
inserting the words, ' Be it enacted, by the General Assembly of Maryland, That all those parts of the con-
stitution and form of government of this state, which relate to the chancellor, the chancery court, and the re-
gister of the chancery court, be and the same are hereby repealed and annulled, and that all the powers here-
tofore vested in the chancellor or court of chancery, be and the same are hereby vested in the several county
courts of this state, or the judges thereof, or any one or more of them, in such manner and form at shall here-

 

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Journal of the House of Delegates, 1808
Volume 556, Page 77   View pdf image (33K)
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