The Upper House. 525

Smithson late of Dorchester County Gent & Tho^s Smithson
late of Talbot County Esq^r dec^d &c.
Which is thus Endorst Viz.

By the Low^r house of Assembly

U. H.

Aprill the 18^th 1720
May itt please Your Hon^rs

This House are not willing to alter the Bill as to the Sale of
the said Smithson's Lands But that they remain to be Sold
generally towards Satisfieing the parties Injured by the War-
ranty therein menconed their Sev^ll Damages and Costs but
are willing the Sev^ll Devisees shall have the Liberty of re-
deeming their respective Estates devised them as well by the
Heirs as to the Amendment in makeing the widow Wrightson
Restitution for the rents She has paid And of Adding Col
Tilghman in the Stead of M^r Dashiel we Agree with your
Hon^rs with which if your House Concurrs the Bill may be
Amended and will pass.
Signed p Ord^r M. Jenifer Cl Lo Ho.

To which Endorsment of the af^d Bill the following Message
is prepared Viz

By the Upper House of Assembly
Apr ill the 18. 1720
Gentl. The Amendment proposed to the Bill for Sale of
Col Smithson's of Talbott County and Tho^s Smithson's of
Dorchester County Gentl their Lands &c. we think requires
the Amendment proposed for the preferring the Devisees to
publick and Pious uses to those that are only private p sons
since we apprehend the Deviser lays not under any particular
Obligation to the private Devisees more than to the publick:
And in all Acts of more Generosity and good will we think
those for a publick Bennefitt ought to be preferred to any

p. 70

private one by how much a gen^l good is preferable to any
pticular one with which Amendment the Bill will pass.
Signed p Ord^r John Beale Cl Up Ho.

And sent together with the said Bill to the Lower House by
Esq^r Lloyd who returns & says he Delivered the. Same

The House Adjourns untill to-morrow Eight a Clock

p. 71