The Upper House. 161

for which reason we are the more Surprized to find a declaration
from the House that what we had Added in the Amendment by way
of Explanation only was taken by you to be Inconsistant with your
design and tenor of the Oaths of a Judge or Justice whereupon we
than desired you for avoiding misunderstandings between the two
Houses to inform us who had no design of altering the Oath wherein
the Amendment was Inconsistant with your design of the Oath to
this we hope either to have a full & Satisfactory Answer or that
your House will Agree to the Amendment propos'd
Signed p Order Geo Plater Cl. Up. Ho.

The following message is prepared and sent to the Lower House
by Philip Lee Esq^r viz.

By the Lower House of Assembly November the I^st 1728
Gentlemen
We Observe in the Law for regulating Writts of Error & Ap-
peals the words are to the first of the Council in Commission in the
Absence of the Governor whereas we think it necessary in case of
such Absence the first of the Council then present should have Lib-
erty to preside and proceed to trial of the several Causes and that
the same Liberty be also given in Appeals from the Chancery and
therefore we propose A Short Bill be prepared for that purpose as
well as to Limit the time of Appeals therefrom
Signed p Order Geo. Plater Cl Up Ho.

A Message from the Lower House by Col^o Gale and M^r Key viz.

By the Lower House of Assembly November the I^st 1728
May it please your Honours
Your message sent with the Bill for Limitation of Officers fees
by John Hall Esq^r contains several things of great Consequence
which we reserve to ourselves the Liberty of Answering in a full and
distinct manner and to put an end to the debates about the Officers

U. H. J.

fees we Agree to the regulation by the Act 1725 that all that have
had any fees become due to them since his Lordships dissent which
they have not received be paid according to that regulation and have
the Benefit of an Execution that all Obligations taken for fees be
delivered up that those who have received money or Tobacco keep
it that the fees Omitted in 1725 be now allowed and we cannot agree
to incert the Examiner General in the Bill upon these Terms only
we will Agree to the Bill
Signed p Order M Macnemara Cl. lo Ho.

Adjourn'd till to morrow morning nine of the Clock
11

p. 385