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

U. H. J.

p. 140

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 Inconvenience But as that cannot we con-
ceive be the case but on the Contrary lay the fact with all its
circumstances before the Judges which will Give them a much
better Opportunity of Giving a Judgment adequate to the
Nature of the Offence then they can possibly be able to give on
hearing the Facts in a hurry at the Bar and therefore we
desire your Honours Concurrence to the General Allowance
of Bills of Exception
Tho we cannot concur in opinion with your Honours that it
would be any innovation to Allow the Associates Voices in
Criminal Cases it being Agreable to the Brittish Constitution
as your Honours we believe may Observe by the Presidents
we have already referred to and the Proceedings of the Gov-
ernor and Council formerly when Assizes were set up (with-
out any Law o'f the Province to Support them) in imitation
of the English Practice we shall wave it at present rather
than lengthen the time of this present Session or hinder the
Passing the rest of the Bill which we conceive to be of such
Absolute necessity.
We shall concur with your Honours in restraining the
Judges of Oyer and Terminer in the manner you propose and
hope that a Bill Agreable to what your Honours and this
House have concurred in & with what is herein proposed will
pass your House
Signed p Order M. Jenifer Cl. Lo. Ho.

To which Message the following Answer was prepared.

By the Upper House of Assembly October the 29^th 1724
Gentlemen.

The Bill herewith sent Entituled a Supplementary Act to
the Act for trying matters of fact &c^a will pass with the
Amendments proposed in your Message by M^r Gant and M^r
Bozman and a limitation of its continuance for two Years.
Signed p Order Samuel Skippon Cl Up Ho.

Sent by Col^o Tilghman
A Message from the Lower House of Assembly by M^r
Beale & M^r Gant viz.

By the Lower House of Assembly October the 29^th 1724
May it please your Honours
We desire your Honours will please to Appoint some of
the members of your House to Join with John Beale Esq^r