The Upper House. 159

An Act repealing part of an Act concerning Tobacco thus en-
dors'd viz.

By the Lower House of Assembly November the I^st 1728

Read the first & Second time by an especial Order and will pass.
Signed p Order M Macnemara Cl. lo. Ho.

Read the first time in this House & Ordered to lie on the Table.
The following message is prepared and sent to the Lower House
by John Hall Esq^r

By the Upper House of Assembly November the 1^st 1728
Gentlemen
On reading the Bill sent from your House for regulating Officers
fees we find A Clause therein making void all Obligations taken for
fees by any Officer since the Act dissent to the Act made for that
purpose Anno 1725 and to Oblige all Officers who have received
any such fees in money to refund the same to the several persons
from whom they have received it, in which we are ready to concur
with you so far as to make void all such Obligations provided that
all those fees be regulated according to the Act for regulating Offi-
cers fees Anno 1719 which we think is reasonable because upon his
Lordships dissent to the Act Anno 1725 the Act in 1719 is the next
immediate Act for that purpose which had the Assent of the whole
Legislative power and therefore the best Rule to Charge the fees by
as to the other part of the Clause abovementioned Obliging the
Officers to refund what money they have received for fees we think
it impracticable and Unreasonable because it will be difficult for
the Officers to remember from whom and what sums they have re-

U. H. J.

ceived more money for their fees than the real value of them and
if they have in any particular instance extorted more than they
ought the parties grieved may have their remedy another way and
therefore we cannot consent thereto but propose that A Clause be
incerted in the Bill instead of that Above mentioned only making
void All Obligations taken for fees since his Lordships dissent to
the Law made Anno 1725 as aforesaid and regulating all such fees
According to the Act made Anno 1719 to be levied by Execution in
the same manner as the other fees regulated in the present Bill and
in regard we Observe some fees are Omitted for Services to be done
for knowledge of which we refer you to the list herewith sent we
desire the same may be supplied and that no Alterations of Expres-
sions may Alter the nature and substance of the fees.
And we further Observe that you wholly Omit the Examiner
Generals fees which we desire may be incerted in the Bill as for-
merly if your House Concurs with the Amendment herein proposed

p. 383