Volume 25, Page 208 View pdf image (33K) |
208 Proceedings of the Council of Maryland, 1706.
Lib. C. B. Now may it please your Excellency alltho the letter of the Law be that the Clark may Charge Eight pounds of Tobo for Drawing any Proceedings of Cort if it Exceed half a Side of a leafe Yet I humbly conceive this to be a mistake of the Transcriber & that by inadventency he hath Omitted to Incert the Negitive not; as it is in the Same Article in the Said recited Act of Assembly expressed & incerted: that is to Say not exceeding half a Side of a leaf & that this mistake of the p. 59 Transcriber is Obvious both the Nature of the Thing & the Subsequent Article in the Same list of ffees do Evidently demonstrate for in the Tax Sett upon the next Article the Clarke is allowed to Charge 16 pounds of Tobacco for draw ing any Proceeding if it be above half a Side. Now the Ex- ceeding half a Side of a leaf & the being above half a Side, are in themselves Synonimous Terms & Signifye the Same thing so that I humbly conceive the Assembly intended to give the Clarke the Same flee for the Article complained of was given him by the former receited Act of Assembly & that the Article ought to have been 8 pounds of Tobacco for all proceedings that did not exceed half a Side of a leaf & Double that is to Say Sixteen pounds of Tobacco for all proceeding above half a Side & not two Severall ffees for one & the Same Service as it now Stands rated by Act of Assembly. I must begg leave further to offer to your Excellency that whereas in the fformer recited Act of Assembly the Clarke was allowed 40 pounds of Tobo for the continuance of every Bill in Chancery but by the late law for ascertaining Officers Fees the Secretary is allowed onely 4 pounds of Tobacco for the Same Service; which I likewise humbly conceive to be a mistake of the Transcriber for it Seems unreasonable to Ima gine that the Act of Assembly afore recited Should reduce p. 60 to 4 pounds of Tobacco that Service wch the fformer Assembly thought worth 40 pounds of Tobacco but I am of Opinion that they intended it to be 40 pounds of Tobacco as before, & that the Transcriber Omitted to Place a Cypher after the figure of 4 which would have made it 40 I would not have Persumed to offer my owne Oppinion in this to your Excel lency & this honrble Board if there did not appear matter of ffact, alimost of the Same Nature in the Same Act of Assembly: and that in another Article of the Secretarys Fees, wherein it is Said for every Execution and returne and Blank left for the Sum which in the former Act for Assertaining Officers Fees was 28 pounds of Tobacco. Now may it please your Excellency for as much as the Transcriber of the Act hath wholly omitted to put any rate upon one Article, it Seems a just consequence to infer that he hath Comitted the like error of inadvettency in the Value-
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Volume 25, Page 208 View pdf image (33K) |
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