364 Assembly Proceedings, October 4-November 26, 1763.

L. H. J.

Liber No. 52
Nov. 9

Post Meridiem
The house met according to Adjournment &c,^a
M^r John Hammond Dorsey app.^d in the house,

The Bill Ent.^d An Act for the erecting a Town at the head of
Wiccocomico river in Somerset County for laying into Lots fifty
Acres of Land in the forks thereof and at the Landing formerly
called Handy's or Carrs Landing was read the 2,^d time and will pass
and with the Bill Ent.^d An Act for advancement of Justice, were
Sent to the Upper house with the following Message (Viz^t)

By the Lower House of Assembly Nov.^r 9,^th 1763
May it please your Honours

We herewith return you the Bill Ent.^d An Act for the advance-
ment of Justice, and on due Consideration of your proposed Amend-
ments have agreed to all but the first & Second and the last as Con-
sequent to the Second

Your first amendment tis true would reduce the Speedy Trial
Clause in the Bill to the Same as it Stood formerly in the Act passed
in 1723 but on the Laws being reenacted in 1753, that Clause was
totally Omitted from an Opinion we Suppose in the then Legislature
that Defendants Could not be ready to make a real Defence when
they had any, the first Court and as we are desirous on the one
hand to prevent unnecessary delays to honest Creditors so on the
other we are fearfull of forcing a Defendant to Tryal so Speedily
after Notice that he cannot reasonably be presumed to be fully pre-
pared, We therefore frame this Bill in such a manner as we thought
would probably take away all Cause of Just Complaint from both
partys nor do we yet believe but that the Bill Lays down the best
General Rule by which to Deal out Common Justice, for the Instances
are very rare where Defendants know enough of the Law to foresee
the probable points of their Causes and the necessary proofs to be
adduced before they Advise with some Gentleman of the Law which
either from their living remote, or some other Circumstance they
Seldom do before the Court to which the Writ is returnable, If your
honours on reviewing this Matter should see it in the same light that
we do, we doubt not you will recede from your first Amendment

p. 169

We find by An Act passed in 1715 the Chancery Court Cannot
take Cognizance for any thing less than five Pounds One penny or
1201.^Ib Pounds of Tobacco this was in the Infancy of the Province
and when, for any thing we find, there was no other Chancery
Jurisdiction, from whence we conclude that a total loss of smaller
Claims was thought more eligible than a Recovery of them in the
high Court of Chancery and now by your 2.^d proposed Amendment
as the Chancery Court exclusive of any other Jurisdiction would take
Cognizance of five Pounds one penny or 1201. ^lb pounds of Tobacco