Which was sent to the Upper House by Captn Mariarte and
Captn Hudson. They return and Say they delivered it
A Supplementary Bill to the Act for marking of high ways
was read the first and Second times by Especiall order and
past which was so Endorst and Sent to the Upper House by
Mr Tyler & Mr Edwd Wright
They return and Say they delivered it
James Bowles Esqr from the Upper House delivers Mr
Speaker the following Message Viz.
By the Upper House of Assembly Octr 28th 1724
Gent.
Upon Consideration of your Message of October the 24th
in Answer to the Indorsement made upon the Bill intituled
a Supplementary Act to the Act for Tryall of matters of
fact in the Counties &ca We are willing to Condescend so
farr in the first point controverted that Bills of Exception
may be sign'd and allowed of by the Judges of Oyer and
Terminer and Goal Delivery in favour of Life only, lest the
too frequent use of such Bills of Exceptions in other Criminal
Cases (which is Contrary to the practice in England) should
prove an Encouragement to ill people who by that means
might frequently escape the Condign punishment that might
be Justly due to their offences.
Secondly, We see no reason to recede from our former
opinion as to the Voices of the County Justices in Criminall
Cases upon the Circuits for we conceive that the allowance
thereof would be an Innovation made (as we observed to
you before) upon the English Constitution, Which we are
as desireous of Copying after as any the members of your
House in all the branches thereof which are adequate to the
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