478 Assembly Proceedings, July 11- August 8, 1732.

L. H. J.

p. 392

Philemon Lloyd Esq^r from the Upper House Delivers M^r Speaker

the following Message. [The text of this message is printed at
page 395.]
The following Message [The text of this message is printed at
page 396.]
The Engrost Bill for the Tryal of all Matters of fact in the several
Countys where they have Arisen or shall Arise the Continuance of
Causes in the Provincial Court and Adjournment of that Court, was
read and Assented to, And sent to the Upper House by M^r Crabb.
M^r Hemsley M^r Hammond & M^r Dashiel.
They return and say they Delivered the same
The following Address being Prepared was Ordered to be Entred
thus.

To His Excellency Sam^l Ogle Esq^r Governour of Maryland. The
Humble Address of the Lower House of Assembly

May it Please y^r Excell^cy
It Appears by a Report made to this House by the Committee of
Aggreivances that they are of Opinion it is an Aggreivance that the
Justices of Dorchester County at their Court held there in August
Court One thousand Seven hundred and twenty Eight took upon
them to make a Rule of Court Wherein Among other things they
ruled that the Sherriffs fees for Serving and Levying any Attach-
ment or Execution should be Charged to the Plantiff in such At-
tachment or Execution and that the Clerk do Compute the same
in the Plantiffs bill of Cost together with the other Cost, wherein
this House has Concurred because we Conceive that the said Justices
have Assumed a much greater power than they can derive from any
Law in being in making a rule of Court to bind the property of the
Subject and to Oblige him to pay at All Events what is ever payable,
but where there is an Actual Condemnation or Service of an Execu-
tion and then only for the Sum Condemned upon Attachment or
Lcvy'd upon Execution, which Arbitary proceedings may not only
be very Injurious to all Parties & such as become Special bail but may
be Also of Dangerous Example & Distructive of the Liberty & Prop-
erty of the Subject.

p. 393

May it please Your Excellency It is the Indispensive Duty of us
the Representatives of the People to guard against all Innevation
& Imposition hurtful to those We represent And We Apply to your
Excellency in the present Case Praying that the most Effectual
Measures may be taken to releive such as may have Suffered by the
Execution of the said Arbitary Rule of Court and to prevent Other
rules of the like Nature being made with the Greatest Assurance of
your doing every thing on this, And all Occasions, to secure all
his Majesty's Subjects under your Government in their Just Rights
Signed by Order of the House p John Mackall Speaker