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Respected & Obeyed by the private Centinels; which they
conceive is chiefly occasioned by a want of Power in the Cap-
tains of the Several Troops and Companys to fine those who
do not observe their Duty as the Law Directs: but must Apply
to two of the ffield Officers for that Purpose, who knowing the
frequent Disappointments that attend the Hearing such Com-
plaints do not care to take the Trouble upon them, It is there-
fore proposed by this House that the Several Captains be
enabled by a Supplementary Act to ffine those who Do not Per-
form their Duty According to the Act for Regulating the
Militia, and with a Liberty to the person so ffined if he think
himself Aggrieved to Appeal to two of the Chief Officers for
Relief.
Signed p Order. John Beale Cik Up. Ho
Coll Tilghman from the Upper House delivers Mr Speaker
the following Message Viz.
By the Upper House of Assembly July the 22d 1721.
Gentlemen. It is found by Experience that the Act for
Limiting the Continuance of Actions is reather a Prevention
than a furtherance of Justice for that so many Unforeseen
Casualties frequently happen in the Course of Legal Proceed-
ings that a Certain Time cannot be Limited for their Con-
tinuance without imposing inevitable Hardships on the
Suitors, against the very Right of their Causes. And whereas
that Act imposes (and not unjustly) the Penalty on the
party that is in fault; it some times happens, that Causes are
Continued without Fault of either party as it happened the
last Provincial Court, when in many Cases where the Partyes
were willing on all Sides, their Causes Could not be heard for
the vast number of Criminal Prosecutions, that took up almost
the whole Time of the Court, tho' it Sat Longer than any
Court for many years has been known to do. It would be
tedious to enumerate the many Instances that have happened
Since the Making that Law and which may hereafter happen.
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