The Lower House. 427

selves Groundless and that his Greatest Enemyes have not
been able to prove any undue or unfair practice against him.
Upon which State M^r Hunger ford gives his Opinion that the
Act seems to be Arbitrary and unjust and that it ought to be
Examined into, and if it proves as represented (to witt
Groundless and that no undue or unfair Practice could Ever
be proved ag^t him) there Ought to be some redress.
Serjent Pengelly That the passing the Act without hearing
M^r Macnemara is Contrary to the Common Rules of Justice

L. H. J.

and a Denyall of the Subject's right That the Nature of the
Act being Unprecedented and Severe ought to be reexamined
and dissented to if it Appear Unjust as is represented and that
the Matters Suggested ag^t M^r Macnemara are not of them-
selves Sufficient to incapacitate him.
S^r Edward Northey. That M^r Macnemara Ought to have
been heard and that the allegations of the Act are too Generall
and that the being of Council for Malefactors, the Council
behaveing himself with Duty and respect to the Courts is not
to be Objected against him, But that if a practitioner behave
himself disrespectfully or insolently to any Court in Court
such Court hath power to record the Words which make the
offence and to Suspend the offender from practice in Such
Court and if the Offender be Ordered to Submitt to the Court
and begg pardon for his offence, and he refuse so to do, or the
offence be extraordinary or repeated, the Court may deprive
the offender of his practice in that Court and if such records
be made in Severall Courts, or if he be Convict of offences
against the Courts and he refuse to Submitt or be generally
insolent, and misbehaving himself to the Courts of Justice,
and his offences Multiplyed it will be Just and Reasonable for
the Assembly on hearing such offender or giveing him Oppor-
tunity of being heard and haveing Satisfaction of his Guilt for
the Quiet administration of Justice and the Supporting of the
Courts by Act of Assembly to make him Uncapable to practice
any more in any Court within that Island.

P. 105

On Which we remark that if that Act had Appear'd ground-
less and the Allegations therein as false as represented by the
State of the Case we should agree with the opinions of those
Learned Council that the Act ought to have been dissented to,
but as it Appeared Otherwise to us who knew the facts, and
the Contrary did not appear to them, We take it that their
Opinions in that point were in favour of the Law which
were only given against it on the Condition of its falsity.
That by Sergeant Pengelley's Opinion the Matters Sug-
gested in that act are not Sufficient to Incapacitate M^r Mac-
nemara, which Matters are these Viz: Contemning the Au-

p. 106