The Upper House. 49

Sixthly We cannot conceive that Law Suits will be in-
creased by the Act proposed when it will be apparent to the
Creditor that he cannot get what he sues for and we cannot
have so poor a Thought of the Trading men that they would
sue their Debtors out of Resentment as your Observation
seems to import
Seventhly. This observation lyes against every new Law
as well as that Proposed and We hope your Honours will
not allow an Inconveniency which you cannot see to prevent
you from consenting to remedy one that God 'knows is but
too apparent.
We pray your Honours intimation with all that Expedition
that the circumstances of this case requires how far your
Honours can Assent to the Reliefs proposed.
Signed p Order M. Jenifer Cl Lo Ho.

Read the Message of October the 24^th and the following
Answer prepared thereto viz^t

By the Upper House of Assembly October the 28^th 1724
Gentlemen.

Upon consideration of your Message of October the 24^th
In Answer to the Indorsement made upon the Bill intituled
A Supplementary Act to the Act for trying matters of Fact
in the Counties &c^a We are willing to condescend so far in
the first point controverted that Bills of Exceptions may be
Signed and Allowed of by the Judge of oyer and Terminer
and Goal delivery in favour of life only least the too frequent
use of such Bills of Exceptions in other criminal cases (which

U. H. J.

is contrary to the practice in England) should prove an En-
couragement to ill People who by that means might fre-
quently 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 desir-
ous of Copying after as any of the members of your House in
all the Branches thereof which are Adequate to the circum-
stances of this Province For in that which was noted upon
the Back of the Bill we had no Regard to what was practiced
upon Special Commissions and Writts of Association where-
by some other Persons at the Kings pleasure were Joyned
with the Judges in Judicature but We therein had respect to

p. 136