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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 431   View pdf image (33K)
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The Upper House. 43 l


perhaps fearing that their Creditors would be able to make such
Representations To the Legislature as would hinder the passing a
Law in their favour, have refused or Neglected to give Notice to their
Creditors pursuant to the said Resolve, and Depended upon the to [o]
great Indulgence heretofore used in Cases of the like Nature.
We cannot but observe that your Method of Treating us upon
this occasion seems very Extraordinary, You tell us in your last
Message that your House is not aware of any objection of weight
that can be made against the Enlargement of the Prisoners other
than they have not complyed with the Resolution of our House,
seeming not to allow it to be made upon principals of Reason & Jus-
tice, and insinuating that proper Measures had not been taken for
the publication of it; Whereas we conceive the Security of the Rights
and propertys of the People which was the foundation of that
Resolve is a Sufficient Reason to Justify the making of it; And the
Methods before recited taken for the Publication such as were most
likely to Effect it; This being premised, we are of opinion that was
no other Reason for rejecting the Prisoners bill but that of their not
Complying with the Resolve of this House it would be a Sufficient
Justification, but the great abuse of the Lenity of the Legislature in
cases of this Nature has Encouraged Debtors not only to Neglect the
payment of their Debts, but to Abuse and even dare their Creditors
to prosecute for them, & when prosecuted to Judgment and Execution
issue, the Debtors avoid the Sheriff untill Just before a Session of
Assembly, and then Suffer themselves to be taken on purpose to be
Released, which they accordingly have been, altho many of them
by their own Industry were able to pay their debts & did not deserve
that favour

U. H. J.
p. 231

When we are thus Endeavouring to prevent such abuses as these,
we think you cannot Justly charge us with Inflicting the Highest
punishmts for a Non Complyance with a New Resolution Especially if
it be considered that the not passing the Bill for the Relief of the
Prisoners, is not inflicting a punishment as your Message Suggests,
but only denying an Extraordinary favour, Because we think the
Persons desiring it are not Justly Entituled to it; To Conclude we
cannot consent to the passing the Bills prepared by Your house for
the Relief of Prisoners as they now Stand But if your house are
inclined to prepare a New bill for the Relief of all Prisoners for Debt,
which may be a standing Generall rule for the future and not Sur-
prize either Creditor or Debtor We shall be ready to Concur in any
proper Measures for that purpose
Signed p order John Ross Cl. Up. Ho.

The following Message being prepared is sent to the lower House
by Philip Lee Esqr

p. 232



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 431   View pdf image (33K)   << PREVIOUS  NEXT >>


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