The Upper House. 345

sembly to pass it; that the proposed Restraint cannot possibly be
of any Advantage to any One Person in the Province, except the
Commissary General, whose Interest (We conceive) ought not to
stand in Competition with that of a whole Country: Besides the
Restraint will appear to be altogether unnecessary, when it is con-
sidered that the Commissary General his passing an Account does
not conclude a Representative or Creditor, any more than it would,
if it were past by a Deputy Commissary: And the Deputy Commis-
sary may probably (by Reason of his nearness to & Acquaintance
with the People he has to do with) discover some frauds & Abuses
in Exec^rs or Adm^rs or pretended Creditors, which may be easily
concealed from the Commissary General who is for the most Part
a Stranger to the People
As to the thirteenth Amendment. This house agrees to the Trans-
position of the Word, Only, as proposed by your honours, & also to
the fourteenth Amendment, & amended the bill accordingly
The fifteenth Amendment proposed by your Honours viz. To
leave out for the Support of Government, or to which any Orphan
or Minor shall be entitled, This House cannot agree to, because We
conceive an Alteration from the former Act of Assembly (which
excepted Debts due to his Majesty in General Terms) is absolutely
necessary, for all Obligations past to his Majesty, altho in Trust
only for the Subject, or to his Lordship, may in Strictness be termed
Debts due to his Majesty, or the Lord Proprietary, & yet that such

U. H. J.

debts ought not in Reason or Justice (as We conceive) to have any
Preference in payment to Debts on Obligations payable to the Cred-
itor himself, & that Officers bonds lying out (as they must always
do) ought not to be made Use of, to furnish a dishonest Executor
or Administrator with a Pretence to delay the payment of a Debt
justly due to an honest Creditor, which has often been the Case
The Sixteenth Amendment viz. Ten p Cent &c, to be left out
We this house cannot agree to for the Reasons already mentioned
The Seventeenth Amendment proposed by your Honours viz.
To leave out Deputy Commissary; This house cannot agree to, be-
cause that unless the Deputy Commissary is empowered to take
Examinations concerning the Concealments of the Estates of de-
ceased Persons, Several such Concealments will pass undiscovered,
and (we conceive) that the Provision by this Bill to Enable the
Deputy Commissary to make the necessary Enquiry, & take the
proper Examinations will.be as effectual to that purpose, as any
Directions from the Commissary General (as a former Act di-
rected) can be
The Eighteenth Amendment proposed by your Honours viz. To
leave out the Clause relating to the Commissary General's giving
Security: This house cannot agree to because 'tis as reasonable

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