160 Assembly Proceedings, October 3-November 2, 1728.

U. H. J.

we desire the Bill may be altered Accordingly with this further
Alteration viz. that the time of payment be the 10^th of April agre-
able to the Tobacco Law.
Signed p Order Geo Plater Cl Up Ho.

Read the second time the Bill Entituled An Act to Appropriate
part of the Land laid out in the City of Annapolis for the building
a Custom House to and for the building a Market House which is
ordered to be thus endors'd viz.

By the Upper House of Assembly November the I^st 1728
Read the second time & will pass.
Signed p Order Geo Plater Cl Up Ho.

Sent down to the Lower House by Col^o Mathew Tilghman Ward
The following message is prepared & sent to the Lower House by
Benj^a Tasker Esq^r viz.

By the Upper House of Assembly November the I^st 1728
Gentlemen
In Answer to your Message of yesterday by John Beale Esq^r and
Col^o Bell in relation to the Amendment propos'd by our House in
the form of the Oath of Judge or Justice we do Confess the words
as are, and, as now are to be Equivalent terms implying Something
then Subsisting but when applied to the form of the Oath could not
we conceive in any construction of good Sence have relation to the
Laws of England either now in force or hereafter to be in force
otherwise than as those Laws are Agreable to the usage and Consti-
tution of this Province this gave occasion to the Amendment as it
was thought necessary for putting the true acncc and real design of

the Oath in a Clear Light

p. 384

In this opinion we are confirmed as well from the reason of the
thing as by the Authority of a message of your own House trans-
mitted to us 3^d of November 1724 whence in you yourselves lay it
down as a Rule that the Judges being sworn to judge according to
the Law of England and Usage of this Province will be thereby
Obliged to Judge no otherwise according to the Law of England
than is agreable to the usage of this province nor doth the words
as are, in the opinion of this House when added to Agreable to the
Usage Constitution of this province import anything more than
what is Expressly Asserted in the Above Rule
For as we take it the Than is agreable to &c^a in the message of
your House and our as Agreable to &c^a in the amendments proposed
are in like manner equivalent Convertible Terms implying the same
thing in the Strictest construction that can be put upon the words