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Letter Bk.I\
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very interesting Matter This to Your Ldp & which therefore
I presume will determine Your Ldp after Advice of Council
thereon either to assent or dissent to the Act. When a Bill
of this kind was some time ago sent by the Lower to the
Upper House the latter proposed as an Amendment " that
previous to the Deeds being recorded the Alienation Fine
should be paid," but this Amendment the Lower House would
not adopt, & as the Gentlemen of the Upper House were con-
vinced that no such Amendment would be now or hereafter
admitted by the Lower House they thought it would be more
for Your Ldp's Interest to take the Bill as it was offered than
to lose it altogether. Of the general Utility of the Bill I was
throughly satisfied & the only Doubt with me was whether
the Chancery Court here could regularly take Cognizance of
a Refusal to pay the Alienation Fine which might in many
Cases be very small only a few Shillings or perhaps Pence
which Mr Dulany was confident it might, however small the
Sum should be & that the Chancery Court is in fact the only
one that can take Cognizance thereof, the Alienation Fine
reserved by the Patents being as he alledges not recoverable
at Common Law. If this Doctrine is clear as I hope the
Council Your Ldp may consult thereon will demonstrate then
the Act will in every respect be desirable & advantageous, &
the following Method may be pursued for the future, the
Clerks of the Provincial & County Court must be required to
return at the End of every half year upon Oath to the Agents
Office an exact & particular List of all Conveyances by them
recorded in the Course of the preceeding half year in such
List specifying the Name of each Tract, the Quantity of Acres
it contains the Names of the Parties conveying & receiving &
Date of each Deed & in Case any Persons should when they
give in their Deeds to be recorded refuse to pay the Aliena-
tion Fine the Clerk should let them know that he is to give
immediate Information against them & that Measures will be
thereupon taken by the Attorney General in the Chancery
Court to compel them to make Payment, having communicated
to Your Ldp all that occurs to me on the Subject of this Act I
submit the same to Your Ldps Consideration in hopes you
will advise thereon before you take any Resolution & that
whatever Your Ldps Determination with respect to the Act
may be Your Ldp will believe that in giving my Assent to it
I was actuated by no other motive than a Desire to serve
Your Ldp & if the Act is not entirely approved of I beg Your
Ldp will not hesitate to give your Dissent to it. The Lower
House of Assembly sent this Session to the Upper as I
expected would be the Case another Bill for Regulating Ordi-
naries or Publick Houses by which the Lycence Fines were
directed to be paid to the Publick Treasurers in order to be
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