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556 Assembly Proceedings, April 23-June 5, 1740.
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L. H. J.
Lib. No. 46
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desire the same, allow & direct Special Verdicts to be found: And
in all Criminal Cases where the Party accused shall desire the same,
to allow and sign Bills of Exception as they are allowed in Civil
Actions, &ca in part of An Act, entituled An Act for Trial of all
Matters of Fact in the several Counties where they have arisen or
shall arise, the Continuance of Causes in the Provincial Court and
Adjournment of that Court, made in July 1732," Or not. Resolved
in the Negative.
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For the Negative
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Mr Waughop
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Mr Brome
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Mr Caswell
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Swann
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Smallwood
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Edwd Sprigg
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Wilson
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Stoughton
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Wootton
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Carroll
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Ennalls
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Osborn Sprigg
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Henry Hall,
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Brannock
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Magruder
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Smith
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Pearce
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Wilkinson
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Weems
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Sheredine
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Joseph Hall
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Mathews
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p. 88
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For the Affirmative
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Mr Aisquith
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Mr Gale
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Mr Colvill
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Calder,
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Goldsborough
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Rumsey
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Hanson
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Robt Lloyd
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Dulaney
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Middleton
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Thomas
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Gordon
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King
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Hooper
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Pemberton
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Henry
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George
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R. N. Wright.
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The Question was put, Whether the following Resolve vizt
Resolved that the Construction put on the foregoing Clause of the
Act, entituled, An Act for Trial of all matters of Fact in the several
Counties where they have arisen or shall arise &ca by the Justices of
the Provincial Court, was against the true Intent and meaning of the
said Act, The Words Person concerned therein mentioned being no
way intended, or meant to extend to the Right Honourable the Lord
Proprietary in Criminal Cases, and that the Benefit of Special
Verdicts as well as Bills of Exceptions, were Intended thereby to
Defendants only so far as Relates to Criminal Cases: Should be
made or not Resolved in the Affirmative
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For the Affirmative
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Mr Waughop,
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Mr Brome
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Mr Caswell
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Swann
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Smallwood
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Edwd Sprigg
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Wilson,
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Stoughton
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Wootton
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Carroll,
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Ennals,
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Osborn Sprigg
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Henry Hall,
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Brannock
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Magruder
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Smith
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Pearce
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Wilkinson
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Weems
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Sheredine
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Jos. Hall
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Mathews
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