Proceedings of the Council of Maryland, 1694 97. 587

    issued forth of his Office for which noe ffees had as yet been Ljb. H. D.

    Setled by Law, therefore desired some settlemt of the Same

    by this Board:—-Ordered that it be Referred to Mr Attorney

    and Solicitor Genll and his Mats Counsell at Law to Consult

    the sd Cases and Return their Opinion thereon unto this

    Board with all convenient Speed.

        The which came Reported as followes, Vizt.

    The Report In Obedience to yor Exncys Commands relating to

     the honrble his Mats Secry. Sr Thomas Laurence We

    Law upon Sr humbly Offer that his Honr has been pleased to lay

    Thomas's motion S before Us a Catalogue of such ffees as he Conceives

    are not Setled by the Act of Assembly which we have hereunto

    Annexed, many of wch ffees are already setled in the sd Act of

    Assembly which we have put ffirst in the paper, and those

    that are not ascertain'd We have placed them afterwards in

    the Catalogue with such ffees as we Conceive most agreeable

    in the Law to be Annex't to them, if yor Exncy see fit (to wit)

    Writs of Habere facias possessionem, procedendo, Restitution,

    Venditioni Exponas & Replevin We take to be of the

    Nature of Executions; the Law having allowed 28: for an

    Execution, We Conceive the same may be allowed on these.

      Dedimus potestatem to Examine Wittnesses, habeas Cor

    pus and Certiorari Commission to Auditors Elegit and Warrant

    of Resurvey being of a larger Extent than the other and in

    the Nature of Instrumts under the Seal which the Law allowes p. 430

    50 for.

      We Conceive the same ffees may be allowed on these.

      A Writ of Diminution We take to be in the Nature of a

    common Capias and therefore the same flees allowable for

    them.

      As to ffees in Criminall Cases or where the King is Con

    cern'd the Act hath made provission by Ordaining that the

    same ffees shall be taken as in Tobacco at one penny p pound;

    and in Cases where the King proceeds by Action and Re

    covers or by Indictmt and Convicts the Defendt there we

    conceive the Deft ought to pay the fees, but where it appears

    that a party has done no Wronge in Criminall Matters or

    owes not the debts Claim'd by the King in Civill Cases there

    we Conceive the party ought not to pay ffees to the Secretary

    more than to the Sherriff that Executes the Process issuing

    from the Secretary and the Law hath Ordained that in such

    Cases the Sherriff shall not Exact or Require any ffees for

    Executing such process, but shall do and perform the same

    cx Officio and so we Conceive the Secretary ought untill that