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vince will be a happy Event for the Province & silence the
Clamour that has now subsisted here for more than Thirty
years against a Proprietary Government I doubt not but His
Ldp will be as willing as any Member of the Lower House to
bring the Matter to a Hearing before the Judges they have
appealed to, & I am persuaded no Attention or Address will
be wanting on your part in the Management of a Cause of
such Consequence to His Ldp & Those who may under His
Ldp be any ways concerned in the Administration of the
Government.
In Bacons Collection of the Laws of this Province of which
I sometime ago sent you two or three Copies there is One " for
Quieting Possessions Enrolling Conveyances & securing the
Estates of Purchasers " which was made in the year 1715, to
this which did not it seems, extend to all Conveyances a
Supplementary Act has been made this Session of which I
shall herewith transmit a Copy for His Ldps Consideration &
yours, it being of such a Nature that I know not whether it
will receive His Ldp's Assent. I need not I suppose inform
you that by All the Patents for Land which have been granted
here for many years past a Proviso is inserted that on every
Transfer or Conveyance of such Land One years Rent shall
be paid to the Ld Proprietary under the Denomination of an
Alienation Fine, The Upper House of Assembly attending to
such Proviso when a similar Bill with that now passed for a
general Registry of all Deeds was sent them proposed as an
Amendment thereto that " His Ldps Alienation Fine should
be paid previous to every Deeds being recorded. Such
Amendment however the Lower House would not admit &
the Bill thereupon dropt which would have been the Fate of
this also had the same Amendment been proposed & there-
fore the Upper House determined to pass it without any
Apprehending the Bill to be very necessary & beneficial to the
Country & in this respect advantageous to His Ldp that His
Agent & Rent Roll Keepers will now have Notice from the
Provincial & County Clerks of every Conveyance that may be
made & not only know to whom the Rents on such Lands
ought to be charged but also by whom the Alienation Fine
thereon ought to be paid. The only Question seems to be how
Payment of the Alienation Fine is to be compelled after the
Deed shall be recorded, this Matter Mr Dulany says is
properly cognizable in the Chancery Court, the Fine not being
recoverable at Common Law, & that upon Information or
Bill filed the Chancery Court can & ought to give a Decree
tho the Rent in question should be ever so small : if this be
the Case then the Act is doubtless on every Account desirable
& if such Opinion should be given His Ldp will I presume
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Letter Bk. IV
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