|
|
Present as Yesterday except Benedict Calvert Esq.r
An Engrossed Bill by Mess:rs Magruder &
An Act to impower John Paca, Robert Adair, Moses Hill and
Margaret his Wife, to sell and dispose of the Land therein men-
tioned, late the Lands of William Hammond of Baltimore County,
Deceased, for the payment of the Debts of the said William Ham-
mond, thus subscribed
Read & assented to by the Lower House of Assembly
11th Nov:r 1763
signed p Order MMacnemara Clk. Lo. Ho.
Read and assented to by this House and ordered to be so Sub-
scribed
Read the Petition of George Maxwell of Charles County praying
that the Warehouse called Emersons Warehouse may be removed
referred to the Lower House of Assembly and sent by Richard
Lee Esq:r
The following Message with the Bill for the Advancement Justice
is sent by John Ridout Esq.r
By the Upper House of Assembly 11.th Nov :r 1763.
Gentlemen
In answer to your Message of the 9.tb Instant Attending the Bill
for the Advancement of Justice we are to inform you that after the
most mature Consideration we think it by no means expedient to
recede from our first Amendment — An Expeditious Remedy is
apparently of great Advantage to the Creditor, and is also, in most
Cases, beneficial to the Debtor; for when the Creditor has the assur-
ance of Speedy recovery he may With the less Hazard indulge his
Debtor, but when on the Contrary he has good grounds to suspect
that He shall be delayed in the Recovery of his Demand, He will
naturally make allowance for the Delay He will be Subject to, &
therefore be the more early in instituting his Suit, when the Cir-
cumstances of the Defendants Case may render it proper to allow
|
U. H. J.
Liber No. 36
Nov. 11
|
|
|
|
Him an Imparlance He is so far from being Precluded from that
Benefit that He will clearly be intitled to it: for by the terms of our
amendment, upon Sufficient Cause being Shewn, an Imparlance is
to be allowed,
We thought and still think that the Operation of the Bill as it was
Originally framed would give an Exclusive Jurisdiction to the
County Court, to the full extent of the equitable Power you con-
ferred upon Them; but as we perceive by your Message that you
only Intended that the Jurisdictions of the Court of Chancery and
the County Court should be concurrent as far as £20 Sterling, or
5000.lbs Tobacco we Consent that the Bill should Stand agreeable to
your Draught with the Addition of the following Proviso to be
|
p. iS4
|
|
