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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 55   View pdf image (33K)
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Proceedings of the Council of Maryland, 1733. 55


directed and also his Report thereon which follow in these
Words.

Whereas it hath been represented to us that Great Delays
as well as Unnecessary Expence, have been Occasioned in
Causes in our Court of Chancery, for want of Proper Officers
as well to take the Examinations and Depositions of Wittnesses
Concerning the facts in Issue in such Causes as also to take
& State Accounts Decreed & to be referred to such Officers
for Report therein; all which is According to the present
Practice done by Comons Directed to Persons often illiterate
and Incapable of doing the same we taking the same into
Our Consideration, Do hereby require and Command our
Chancellor to make Report to us touching the Trueth of the
said Representation and Return his Opinion and Judgment
Concerning the same That such further Order may be made
in the Premisses for the Expediting of Justice, as to us shall
seem reasonable and Convenient.

To the Honourable Saml Ogle Esqr Baltimore
Chancellor of Our Province of Maryland.

Lib. M.

In Obedience to an Order of the Right Honourable the
Lord Proprietary to me Directed whereby I am Commanded
to make Report to his Lordshipp touching the Truth of a
Representation, That great Delays as well as unnecessary Ex-
pences have been Occasioned in the Court of Chancery for
want of Proper Officers as well to take the Examinations and
Depositions of Wittnesses Concerning the facts in Issue in
such Causes as also to take and State Accounts Decreed by
the said Court, and to return my Opinion and Judgment Con-
cerning the same, I Do Humbly Certifie that it is the Method
and Practice of the Court of Chancery after Issue isjoyned in
the Cause to take out a Commission Directed to four Com-
missioners Living in the County where the fact Arises, Where-
by they are Authorized to take the Examination of Wittnesses

Concerning the facts in Issue and (in Case the matter in Dis-
pute be matter of Account) to take and settle all Accounts be-
tween the parties, Which Commissions are usually Executed
in an Ordinary or Tavern, in the Publick hearing of the Parties,
and for the Executing of which the Commrs with the Clerk by
them Chosen to Demand from the parties a fee of Ten Shil-
lings a Man p Diem; and all their Expences to be paid during
the time of their Sitting, Concerning which Method of Proceed-
ing, my opinion is that besides the great Expence often Com-
plained of by the parties, the same is not only Dilatery, But also
Irregular and preposterous, and a great meanes for the Increase

p. 96



 
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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 55   View pdf image (33K)
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