152 Assembly Proceedings, October 6-November 4, 1724.

L. H. J.

justly Suffering by any of the ways already mencon'd and
others too tedious to trouble your Hon^rs with, and therefore
we are of opinion that should a Guilty person accidentally
escape some Share of the punishment due to his offence by
the frequent allowance of Bills of Exception, the use and
benefit of them would make ample Amends for such an In-
convenience, But as that cannot (we Conceive) be the Case
but on the Contrary lay the fact with all its Circumstances
before the Judges, which will give them a much better oppor-
tunity of giving a Judgment Adequate to the nature of the
offence than they can possibly be able to give on hearing the
facts in a hurry at the Barr, and therefore we desire your
Honours Concurrence to the generall allowance of Bills of
Exceptions.
Tho' we cannot Concurr in opinion with your Honours that
it would be any Innovation to allow the associates Voices in
Criminall Cases it being agreeable to the Brittish Constitution
as your Honours (we believe) may observe by the presidents
we have already referr'd to and proceedings of the Governour
and Council formerly, when assizes were set up (without any
Law of the province to Support 'em) in Imitation of the
English practice, we shall wave it at present rather than
Lengthen the Time of this Sessions, or hinder the passing the
rest of the Bill, which we conceive to be of such absolute
necessity.
We shall concurr with your Honours in restraining the
Judges of Oyer and Terminer in the manner you propose
and hope that a Bill agreeable to what your Hono^rs & this
House have Concurr'd in & w^th what is herein propos'd will
pass your House
Sign'd p order M. Jenifer Cl. Lo. Ho.

Which was sent with the Bill to the Upper House by M^r
Gant and M^r Bozman. They return and say they deliv-
ered it.
The following message is prepar'd Viz.

By the Lower House of Assembly October the 29^th 1724.
May it please your Honours
The Bill assented to by both Houses for Secureing the
Rights and Inheritances of Sundry the Inhabitants within
this province against certain Impositions by pretence of Sus-
pected Deeds, being what requires the utmost dispatch, lest
the person thereby provided against should get notice thereof
and get into his hands those Deeds from the Clerks that are