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U. H. J.
Liber No. 36
Dec. 18
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shewn, Permit us to observe that no Writ ever Issues out of the
County Court or any other Inferior Court in England returnable to a
Superiour, and yet by the Present Bill Replevins out of the County
Court may be returnable into the Provincial, which on a further
Consideration, in Consequence of your Intimation, that the Constitu-
tion of our Courts ought to be as perfect as Possible, we think would
be rather incongruous and might be Inconvenient.
You are pleased to Observe in your Message that Replevins are
generally prosecuted by needy Tenants, but we have been well in-
formed that they have issued, in four Instances out of five at the
least, where there has been no Distress at all, but upon Contests of
Property, and therefore, (if our information be true) in regard to
this extensive Operation of the Bill the 52:nd of Henry 3:rd does not
apply to the Subject.
Signed by Order. UScott Cl. Up. Ho.
Read the Petition of Edward Tilghman, Solomon Wright, Mary
Wright, Francis Barnes jun.r, Philemon Murphey, and James Cour-
sey of Queen Anns County, and Thomas Coursey, John Coursey and
Daniel Kellum of Talbot County and referred the same to the Con-
sideration of the next Session of Assembly and the Clerk is directed
to inform the Petitioners, that they do give Notice to all Persons,
interested against the Passage of a Bill as prayed by the Petition
such Notice, to be at least one Month before the beginning of the
next Session.
On Motion made, Daniel Dulany Esq. brings in a Bill, Entitled An
Act relating to Replevins, which was Read the first and Second time
by an Especial Order in this House and will Pass — So Endorsed and
sent by Walter Dulany Esq.
Read the Second time, in this House, the Bill Entitled An Act for
inforcing the Payment of Public Monies, and will Pass — with the
following Amendment Viz.t After the word "Commissioners" in the
last line of the first Page, insert the following words, Viz.t "having
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p. 435
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first applied for and obtained his Excellency the Governor's Appro-
bation."
So Endorsed and Sent by Walter Dulany Esq.
Adjourned until three of the Clock in the Afternoon.
Post Meridiem.
This House met again according to Adjournment.
Present as in the Morning.
Read the Second time, in this House, the Bill Entitled An Act for
the Relief of certain Languishing Prisoners in the Several Goals,
therein Mentioned, and will Pass with the following Amendments
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