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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 52   View pdf image (33K)
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52 Assembly Proceedings, May 10-June 11, 1748.

U. H. J.
Liber No. 34
June 11

Rules as ought to be Observed in the framing of Laws: But when
we Consider that Liberty was given to the Debtors to Pay but three
fourths We cannot at the same time help taking Notice, that if any
Debtor has not now that Liberty He has Deprived himself of it by
his own Act after the making of the Inspection Law; and We cannot
doubt but most of them Choose to Comply with the Payment of
their whole Original Debt to avoid a greater Evil; And although
some of them may have been ignorantly Drawn in to make new
Contracts even under such Circumstances as not to be remedyed or
Relieved by any Course of Law, Yet you are very sensible some
mischiefs must be submitted to, rather than a General Inconveniency
should insue
We realy believe with you that the Law would not have been made
without the Provision you Mention, but then you must also allow
that the same Law would have been very much hazarded to a Dissent
if the Commencement of the Act in that Part had not been pro-
tracted to next December, before which time the Creditors might
have taken Proper Measures to secure their Debts as we mentioned
in Our former Message, and should We now take away any Ad-
vantage which that Act Designed for the Creditors by any Composi-
tion or Agreement with their Debtors We are very Apprehensive
that not only the whole Bill now Designed to be passed into a Law
would be Dissented to, but the Legislature Looked as not Observing
a Proper Impartiality between Creditors and Debtors; And this Ap-
prehension is the Stronger from the Late Application of the Liver-
pool Merchants against the Inspection Law, who in all Probability
must have Prevailed, were it not for the time given them to get in
or secure their Old Debts; and therefore we hope We shall not be
thought by you to be unreasonable in insisting on the 3d Amendment
since in Our Conception such a Clause would be contrary to Reason,
not Agreeable to the Laws of England and even inconsistent with
the Power of Legislation under which we act.
We agree that the Part of Our fourth amendment which you Men-
tion, has Proceeded from a Mistake and therefore we recede from it
Signed p Order John Ross Cl Up Ho.
Adjourned till 3 of the Clock in the Afternoon

Eodem Die post Meridiem
This House met again according to Adjournment

p. 269

Present as in the Morning
The following Message is sent by Col Hammond
By the Upper house of Assembly 11 June 1748
Gentlemen
In your Journal of Last Session a Report was made by a Com-
mittee Appointed by your house to Inspect the Deed of Purchase



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 52   View pdf image (33K)
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