The Upper House. 29

House tho we cannot take the Proposall Objected to, to be
any instance of it & we declare the like Abhorrence and hope
both Houses of Assembly In this Concurr unanimously, but
as your Honours propose only the Abating the Allowances
for Attending this Sessions it would be too inconsiderable a
Relief to be Worth the notice of this Legislature and be
chiefly a Relief to such Persons whose Circumstances enable
them much better to pay than we to Abate the Charge of our
Attendance
Signed p order M. Jenifer Cl Lo Ho.

An Engrossed Bill from the Lower- House of Assembly by
M^r Tyler and M^r Crabb entituled An Act declaring what
Estate Gabriel Parker and Ann his Wife John Abington and
Mary his Wife, William Hutcheson and William Pile and
Elizabeth his Wife have in the Lands severally devised to
them by William Hutcheson Gentleman deceased

October the 22^d 1724
Read and Assented to by the Lower House of Assembly &

Signed p Order M. Jenifer Cl Lo. Ho.

Which Bill being read is also Assented to by this House
Read Again the Supplementary Act to the Act for Try-
ing matters of Fact. And the following Endorsement made
thereon viz.

U. H. J.

By the Upper House of Assembly October 22^d 1724
Gentlemen.

On reading this Bill we Observe first that to Allow Bills
of Exceptions in Criminal causes will give Great Encourage-
ment to ill People who through want of Experience in the
Clerks and other Officers attending the Judges in their cir-
cuits may too often escape punishment (tho' they Justly
deserve it) by the Assistance of Council. Secondly the allow-
ing the county Justices who shall be Associated to the Judges
voices in criminal causes will be an innovation made upon the
British constitution to which we desire to conform as far
as is consistent with our own Thirdly the Restraint upon
the Judges in Petty Felonies seems to be of ill consequence for
they may well try such and so many as in their discretion
there may be time for and as the Aggravation of the Crime
may deserve and refer the rest to the County Courts which
will be a Great check to Villany. fourthly to allow of Re-
movals to the Provincial Court will bring frequent Trials of
matters of Fact thither which is contrary to the design of the

p. 119