The Lower House. 115

such person tendering good and Sufficient Surety, to the Value of
the Goods or Cattle distrained or taken, to return the same or the
Value with Costs; such Sheriff ought of right to deliver or cause
to be Delivered to such person, his Goods and Cattle so taken or
distrained, And return to the Next County Court such Cause of
taking together with the security taken for prosecution of the suit

L. H. J.
Liber No. 46
June 10

or delivered &^ca Your committee likewise humbly apprehend that
from the Nature of the said County Courts the Matters tryable
therein, the oath of the Judges to hear and determine according to
the Laws, customs, an Directions of the Acts of Assembly of the
Province, so far as they provide and where they are Silent, accord-
ing to the Laws Statutes, and reasonable Customs of England, as
used and practised within the Same. That there may be a great Fail-
ure of Justice, and attended with evil Consequence to his Majesty's
liege, loving and Dutiful Subjects the Inhabitants and people of
this province; if a Writ of replevin, as well as other Writs for mat-
ters cognizable in the said County Courts, may not be made out by
the Clerks of the same Courts
And it seems inconsistent with common Sense and reason, that
the same Clerk should have power to make out a Writ or process,
to restrain the Liberty of man And not that of reclaiming his Goods
or Chatties wrongfully taken or detained.
Your Committee humbly conceive, that in order to avoid any
Doubts which may arise concerning the Right of the Subjects to
have such Writ made out by the Clerk of the County Court, not-
withstanding the reasonableness of the Case, That an Act should
pass the Legislative power to that purpose for the Ease and Secur-
ity of his Majestys Subjects. But is humbly submitted to the Con-
sideration of your Honourable House
Signed per order V. Denton, Clerk.
With which the House Concurs, and referred the same to the
Consideration of the next Assembly. The House taking into Con-
sideration the report from the Committee of Laws relating to Salt
Concurs therewith, and referred the same for Consideration [to] the
next Assembly. M^r Addison hath Leave of the House to go home
The House Adjourns until 2 of the Clock in the afternoon

Post Meridiem.

p. 796

The House met according to Adjournment.
The following Message, [was sent to the Upper House by Messrs
Gordon and Dulaney] ( See page 46 )
The following Message; (See page 46)
Was sent to the Upper House with the Journal of Accounts by
M^r Worthington Col. Dashiel and D^r Buchanan.

p. 797