408 Assembly Proceedings, July 17-Aug. 10, 1716.

U. H. J.

Col Mackall & Seven more Delegates brought from the
Lower House the following Message Viz.

By the Lower House of Assembly
July 26th 1716

May It please your Honours —
On reading the latter part of your Message of the 25th
Instant by the honble John Hall Esqr about the supplementary
Bill to the Act relieving the Inhabitants of this Province from
some Aggrievances in the prosecution of Suits at Law We
are of opinion that since the Legislature of this Province has
thought it for the Advantage of the Inhabitants by that Act to
restrain any Plaintiffs from suing their Debtors being Inhabit-
ants in the Provincial Court Where the Debt & Demand does
not Exceed 5000£ tob^o or £ 20 Sterl that there is as much Rea-
son by the Supplementary Bill proposed to restrain the De-
fendants from removing such suits by Habeas Corpus to the
Provincial Court in order to gratify their Litigious Temper &
weary out the Plaintiff with great Charges & long Attendance
Who is obliged to bring his Action in the County Court & not
else where and where the Plaintiff not foreseeing the Removal
must be presumed to have provided for Tryal And that there-
fore the Supplementary Bill proposed cannot be thought a

p. 207

greater Invasion of the Birth Right of the Subject Whereby
the Def is to be restrained from removing the suit before
Tryal than to prevent the plaintiff from bringing it where he
pleases

And therefore hope your Honours will agree to the Sup-
plementary Bill proposed
Signed p order Thos Macnemara Cl Lo Ho.

On Consideration whereof the following Answer was sent
by Col Coursey Col Whittington & Col Tilghman Viz.

By the Upper House of Assembly
July the 26th 1716.
Gentlemen —

In answer to your Message by Col Mackall & others It is
the opinion of this House that altho the Legislature of the
Province to redress a General Aggrievance complained of
and represented from all parts of this province have (giving
way to the hard Circumstances of the Inhabitants) thought fit
to oblige the Plaintiffs in any Action not exceeding 5000£ tob^o
or twenty pounds Sterl to sue in the County Courts, & not
else where, yet we cannot think this Aggrievance proposed