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U. H. J.
Liber No. 36
Nov. 16
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By the Lower House of Assembly 16:th November 1770.
May it please your Honours.
We return you the Bill for the Relief of certain Prisoners in the
several Jails therein mentioned with the Amendments Proposed by
your Honours, Altho' a Clause Similar to this Amendment has been
heretofore Proposed by your House, and Assented to by this, in
Bills for the Relief of Prisoners, Experience has Shewn us that it
wants some explanation, and therefore we are unwilling to Agree
to the Amendments as it now stands — Whether a person is of suffi-
cient Ability of Body to Labour is a Question of Judgment and
Discretion, What shall be said to be a Family is a matter about
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p. 502
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which doubts have arisen. We think there ought to be some person
pointed out to determine these Questions, where they may .arise, the
Sheriff would be an improper Judge, as he alone would in most
Cases be Benefited by the Sale — If your Honours intend that the
Justices shall be the Judges, we think it not expressed with sufficient
Certainty — We also think it might be more clearly expressed that
it should not be Compulsory upon the persons described in the Amend-
ment to serve, but that they ought to have an Election to Serve or
take no Benefit by the Law — These Objections being removed we
shall Pass the Bill with the Amendment —
Signed by Order Jn.o Duckett Cl. Lo. Ho
Read the first and second time, by an Especial Order in this House
a Bill entitled "A Supplementary Act to the Act entitled An Act for
the Relief of the Poor within the several Counties therein men-
tioned" — and will pass, So Endorsed & Sent to the Lower House by
Dan.l Dulany Esq:r
The following Message is Sent to the Lower House by John B.
Bordley Esq.
By the Upper House of Assembly 16:th November 1770.
Gentlemen
Being desirous of removing as far as we can, all Misunderstand-
ings, we must take the Liberty to recapitulate what has Passed in
our Intercourse on the Inspection Bill, in order to shew the proper
State to which the matter has been brought.
We returned the Bill with a Negative and Message in the last
Session, under an Expectation that the Proposal of a Conference
would come from your House, as happened on a Similar Proceeding
in the Year 1745, and 1766.
No Proposal of a Conference having been made by your House,
we inferred that you were averse from making the first Overture,
and therefore on our part, Pursuing the Method observed in 1747,
we made it.
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