The Lower House. 81

I am of the Opinion that this Act of Assembly is not Agreable to
reason and therefore is Contrary to the Provisoe in the Charter.

Ap^r 9: 1726 p. Yorke

M^r Talbot the Sollicitor General's Opinion on those who practice
the Law in Maryland on an Act past in the year 1725.

1 Qu^r Answ^d It is not properly Expressed nor can be made
Consistent with it Self but by taking the words any greater or other
fee &c. to be Explanations of the word any fee in the former part of
the Oath.
2. Qu: There is nothing unjust or repugnant to the Laws of
England in Obliging a man not to receive for his Labour more than
the Stated fees Allowed by the Laws in being but in this Instance
.it is highly unreasonable and will Introduce Ignorance & Negligence
in the professors of the Law and in Consequence prove injurious
to the Clients whose Causes frequently depend for their Success
upon the Industry and Ability of those who manage them, if there
is no Possibility of receiving a reward Adequate to a mans Labour
& pains, it is not to be Expected that he should take any to deserve it.
3: Qu: This is Answered in what was said upon the last Query.
4: Qu: I think it Extreamly unreasonable and the former Law
which Compels them to Serve for Small Stated fees very Severe.
5: Q: It is unusual and a Precedent of Dangerous Consequence
& therefore not proper to be made by a New Law
6: Qu: This seems to be unjust especially with regard to defend-
ing Actions which it is in no man's power to prevent being brought
against him and which however by this Provision he may be disabled
from making a proper defence (if the Law be intended to Extend to
those who are not Resident in Maryland which the Proviso seems to
Intimate tho' the Enacting part is Confined to the Inhabitants) it is
unjust Since they Can neither Sue nor defend properly without
having their Agents there, And if they are not there themselves they
will have no opportunity of taking the Oath prescribed.
7. Q: I am of Opinion that it is dissonant to Reason and in that
Aspect repugnant to the Proviso in the Charter
C: Talbot

John Hall Esq^r from the Upper House delivered to M^r Speaker
the Petition of Thomas Worsley Indorsed thus.

L. H. J.

[This
opinion is
printed in
Chalmers'
Opinions,
p. 208]
p. 197

By the Upper House of Assembly 26^th May 1730

Read and referred to the Consideration of the Lower House of
Assembly
Signed p Order Jn^o Ross Cl. Up. Ho.
6

p. 198