The Lower House. 151

the Supplementary Bill to the Act for marking highways thus
endorst Viz.

By the Upper House of Assembly Octob^r 29^th 1724
Read and will pass.
Signed p order Sam^ll Skippon Cl. Up. Ho.

Col^o Young from the Upper House delivers M^r Speaker
the Journall of the Committee of accounts assented to by the
Upper House and Endorst accordingly.
M^r Speaker Communicates to this House his Honour the
Governo^rs Letter relateing to John Cornelius, That he has
Impos'd on the Legislature by being inserted in the Bill for
relief of Sundry poor prisoners and also that it would be an
hardship to discharge prison^rs without allowing any fees to
the Sherr.
As to John Cornelius Resolved that he be Struck out of the
Bill, and as to the Rest the further consideration thereof is
referr'd till next Sessions, and M^r Speaker is desired to
acquaint his Hon^r the Governo^r thereof.
The following Message is prepared Viz.

By the Lower House of Assembly Oct^r the 29^th 1724
May it please your Honours
In Answer to your Message of the 28^th Instant by James
Bowles Esq^r on the Supplementary Bill to the Act for Tryall
of all matters of fact in the Counties where they have Arisen
&c^a We hope your Hon^rs will be of opinion that Bills of Ex-
ception ought as well to be allowed in Criminal Cases that do
not affect Life as in Cases that do when you shall have con-
sidered that an honest man's Reputation (always Dearer to
him than life it Self) may be in Question and that he may
Suffer an Injury in it, as no Time can Efface nor any thing
in the power of Man Repair By the over Ruling a Just and
Lawfull Challenge and admitting his Enemies upon the Jury
By the allowance of Incompetent witnesses By the Jury's
(tho' Impartiall) mistaking the Evidence, By the Judges
giving a wrong Charge and the Jury's being influenc'd by
such a Charge, and even the Judge himself being prejudiced
or under a Surprize. All these Circumstances may possibly
Concurr in one Man's Case and every man is Lyable to
some one of them which (as things may be managed) may be
his own and familys Ruin. Now we apprehend that Bills of

L. H. J.

Exception will be a Guard against an Innocent persons un-

p. 171