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The Journal of the Commons House of Assembly

The Journal of the Commons House of Assembly

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FEBRUARY 16, 1759323relates to <strong>the</strong> Disposing by Will <strong>of</strong> Lands, Tenements, Rents, Services or o<strong>the</strong>rHereditaments, Remainders or Reversions; And <strong>the</strong> Committee submit it to<strong>the</strong> Consideration <strong>of</strong> <strong>the</strong> <strong>House</strong>, whe<strong>the</strong>r it would not be a great Discouragementto a lewd Course <strong>of</strong> Life, if <strong>the</strong> said Ninth Clause was permitted tohave an Entire Operation and be in full force; and from <strong>the</strong>ir Belief that itwould in a great Measure, if not effectually, answer that End, take <strong>the</strong> Liberty<strong>of</strong> recommending a Repeal <strong>of</strong> <strong>the</strong> second Clause, so far as <strong>the</strong> sameenables Persons to devise <strong>the</strong>ir Lands &ca. in favour <strong>of</strong> illegitimate Childrento <strong>the</strong> Prejudice and Disinherison <strong>of</strong> <strong>the</strong>ir lawful Issue.Ordered that <strong>the</strong> said Committee do prepare a Clause on <strong>the</strong> said Reportto be <strong>of</strong>fered to <strong>the</strong> <strong>House</strong> at <strong>the</strong> Second Reading <strong>of</strong> <strong>the</strong> “Bill to supply <strong>the</strong> Defectsin Evidence where Original Wills cannot be procured and to make <strong>the</strong> Proceedingsupon Questions arising upon such Wills more Easy and Effectual.”Mr. Gadsden (according to Order) Reported from <strong>the</strong> Committee whowere appointed to enquire into <strong>the</strong> State and Condition <strong>of</strong> <strong>the</strong> CommonGoal, that <strong>the</strong>y had inspected <strong>the</strong> said Goal and made Enquiry accordingly,and had directed him to report <strong>the</strong> same, as it appeared to <strong>the</strong>m, to <strong>the</strong><strong>House</strong>; And he read <strong>the</strong> same in his Place and afterward delivered it in at<strong>the</strong> Clerk’s Table, where <strong>the</strong> same was read and is as follows (Vizt.)That <strong>The</strong>y think <strong>the</strong> Goal very insufficient; That Your Committee observedno Keeper <strong>the</strong>re, excepting a Negroe who was trusted with <strong>the</strong> Keysand shewed <strong>the</strong>m <strong>the</strong> Prisoners, however <strong>the</strong>y were told <strong>the</strong>re was a whitePerson that had that Charge upon him, but Your Committee did not see him;To This Your Committee are <strong>of</strong> Opinion is owing so many Escapes, that havefrom time to time been made, and will still continue to be made, unless <strong>the</strong>Marshall’s Deputy or some o<strong>the</strong>r proper Person are obliged to dwell at <strong>the</strong>Goal as has been heret<strong>of</strong>ore <strong>the</strong> Practice; Your Committee observed OneRoom in particular where was a Person dangerously ill with a Peripneumonia,that was unsa[s]hed and without Shutters; As to <strong>the</strong> Provisions Your Committeefound no Complaints in that Respect.A Motion was made and <strong>the</strong> Question being put that <strong>the</strong> said Reportbe now taken into Consideration.It passed in <strong>the</strong> Negative.Resolved that <strong>the</strong> Resolution <strong>of</strong> this <strong>House</strong> <strong>of</strong> <strong>the</strong> 26th <strong>of</strong> January last,whereby a Sum not exceeding One thousand Pounds was provided for, as aRecompence to <strong>the</strong> Person or Persons who will undertake to prepare a Digest<strong>of</strong> all <strong>the</strong> Laws now in Force in this Province with an Index to be<strong>the</strong>reunto annexed, for <strong>the</strong> Press, be extended to Examining, Correcting,making Marginal Notes and References to <strong>the</strong> said Laws.Mr. Guerard (according to Order) Reported from <strong>the</strong> Committee appointedto audit <strong>the</strong> Treasurer’s Accounts, to whom <strong>the</strong> Memorial <strong>of</strong> Charles

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