The Upper House. 491

Friday Morning 10 July 1747
This house met again according to Adjournment
Present as yesterday
An Engrossed Bill from the Lower house by Mess^rs Worthington
& Hall Entituling an Act repealing an Act of Assembly Entituled
an Act to Enable the Rector Vestrymen and Church Wardens for
the Time being of Saint Anns Parish in Ann Arundel County to
Lease Certain Lotts in the City of Annapolis in Manner and to Uses
therein mentioned and to Enable the said Rector Vestrymen &
Church Wardens to Lease certain Lotts of Land within the said
City of Annapolis, thus Subscribed 9 July 1747
Read and Assented to by the Lower house of Assembly
Signed p Order M Macnemara Cl Lo H.
Read and Assented to by this house and Ordered to be so Sub-
scribed
Adjourned till 3 of the Clock in the afternoon

Eodem Die post Meridiem
This house met again according to Adjournment
Present as in the Morning
The following Message is Sent to the Lower house with the
Assize Bill by Col Plater
By the Uper house of Assembly 10 July 1747
Gentlemen We can never think of Departing from the first
amendment Proposed to the Assize Bill, since the Bill as it now
Stands in that Point would Destroy a foundementual Part of the
Constitution of the Provincial Court and is neither Consonant to
Reason nor in any Sence agreeable to the Laws of England.

U.H.J.
Liber No. 34
July 10

As to what Relates to the Special Verdicts in civil Cases the words
we Propose being the same as they were in the former Acts we can-
not Depart from them
We are persuaded You cannot on a Matture Consideration Desire
Us to reside from the fourth amendment Since it may happen as that
Part of the Bill now Stands, that not only a Guilty Person may be
acquited but even an Innocent Person Punished on a Doubt Besides
the Clause import such an absurdity by Supposing the Prayer of the
Criminal should either Enlighten the understanding or Clear up
the Doubts of the Judge that neither house would Desire should
appear in a Law
As to the duration of the Law that we may take from You all
Doubt of our Earnestness to Comply with the Expectation of Your
house as far as Possible We Propose the Continuance of it to be untill
the first day of November 1749
Signed p Order John Ross Cl Up Ho.
Adjourned till to Morrow Morning ten of the Clock.

p. 196