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Establishment of Religious Worship within this Province, ac-
cording to the Church of England, and for the Maintenance of
Ministers.
Read the first and second time in the Lower House and will
Pass.
Read the first time in this House and Ordered to lye on the
Table
The following Message, together with the Bill Entitled An Act
for Recovery of certain Amercements, and also upon Defaults on
Execution, is sent by Walter Dulany Esq,,r
By the Upper House of Assembly 16.th June 1768.
Gentlemen
The Amendment You have proposed to the Bill, Entitled An
Act for Recovery of certain Amercements, and also upon Defaults
on Execution, we are Apprehensive might, if adopted, be productive
of some Inconvenience, and therefore are desirous to have it passed
into a Law according to its Original Frame
A Sheriff, amerced to the Extent of a Bail Bond, and compelled
to pay that sum, would we apprehend be intitled to Recover it against
the Defendant, and his Sureties, but we do not perceive, if a new
Writ should be issued against the Defendant, before the Sheriffs
Receipt from the Debtors, how the Original Plaintiff would be
hindered from recovering, at Law, the whole Debt due on his
Contract, and if any Method could be fallen upon, by which the
Defendant might intitle himself to Credit, for the sum of the For-
feited Bond, yet, if the Plaintiffs Demand should be in Money,
Sterling, or Current, inasmuch as the worth of Tobacco is fluctuat-
ing, and the comparative Value between that Commodity and Money
is not Established, it might frequently be a Question at what Sum
in Money the Tobacco ought to be extended, in the Credit, and a
Plaintiff might be Compelled to accept a Satisfaction, not only
variant from his Contract, but Inconvenient to him to dispose of,
in Order to raise his Money; under the Statute for the Amendment
of the Law, and the Practice thereon, when an Assigned Bond is
put in Suit, the Defendant, on Payment of the Costs is, we under-
stand, admitted to appear, and plead to the Original Action, But of
this Relief he might be deprived, in many. Instances, by the Plain-
tiffs chusing to proceed to an Amercement of the Sheriff, rather
than to take an Assignment of the Bail Bond, and the Sheriff, being
thereby driven to seek a Satisfaction against the Principal and his
Sureties. We, also, suspect that it might soon become the practice
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U. H. J.
Liber No. 36
June 16
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