The Upper House. 167

and Twenty five months in the Superiour Courts Except in
Cases where Evidences are wanting from beyond Seas And
this at the Discretion of the Judges before whom such Causes
shall be Depending And if the Default be in the Prosecutor
there to be a Discontinuance, but if in the Defence Judgment
for the Plaintiffe.
Signed p Order John Beard Cl. Up. Ho.

Sent to the Lower House by M^r Lowe who Returns & Says
he Delivered it.
M^r Daniel Dulany Produceth to this House a Deputation
from Maurice Birchfield Esq^r to him to be Collector of the
Customs &c^a In the District of North Potowmack, And quali-
fys himself by takeing the Severall Oaths Appointed by Act
of Assembly to be taken to the Government
Col Young & John Hall Esq^r appear & are added to this
House
Mess^rs Charles Wright & John Baker from the Lower
House with an Engrost Bill to Confirm to Mary Hall Certain
Lands &c.
Read & Assented to by that House
And being Read is Assented to by this House,

And Col. Addison sent to Acquaint the Lower House
thereof

U. H. J.

His Excellency Desires that the Law giving One Shilling
and Six pence p hh^d to my late L^d Benedict Leonard may be
Inquired into In Order to be known what has been Received
on that account And how It has been Disposed of he having
heard M^r Carroll Received about Sixty pound thereon which
he Applyed Towards his own Sallary.
Thereupon the following Message is prepared Viz.

By the upper house of Assembly

May 5^th 1718
Gentlemen.
His Exc^y reminding us of the Act made in June 1715 for
Continueing the payment of I2^d p Hh^d from the Death of
Charles late L^d Baltemore to the 20^th Sep^r following,
We think it Convenient that you should Inquire into the
Disposition of such Monys as have been raised upon Account
of that Duty of I2^d p hh^d that it may be discovered whether
any part & how much may Belong to the Publick of this
pvince seeing that by the Terms of the Act af^d it was Con-
cluded that if his L^pp would not accept of the I2^d p hh^d af^d as a
Consideracon for taking his Quit Rents in Tob^o at 2^d p Ib

p. 88