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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 405   View pdf image (33K)
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The Lower House. 405


sure I shall never Interpose in such a Case but leave such Officers
to the law which I hope is sufficient to punish them when they trans-
gress it.
I shall always be ready to give my Assistance to settle the fees
upon such a foundation as may put a final End to all disputes upon
this Head but how this can be done by a Temporary law for three
years I must confess I cannot conceive nor how a Perpetual law to
this purpose could prove destructive to the People which on the Con-
trary seems to be a very desirable thing for their quiet and Happiness
as it would put a final end to all Sorts of Oppression and Extortion
which they now so much Complain of and which may in a great
measure be occasioned by proper Penalties not being laid upon
Officers for offending in this Respect.
As to what you mention of the Upper House having A Negative
on all Bills that are to pass into laws I hope this is not one of the
Grievances that you desire my Assistance to Remove which I must
freely own I cannot promise you nor do I believe you will have the
Assistance of any succeeding Governor to alter in so great a degree
the whole Frame of Our Constitution
As to Buying and selling the Offices of the County Clerks and the
very persons who receive the Profits of the Offices aforesaid practis-
ing as Attorneys in the courts to which those Offices belong these are
Points of Law which must be left to the decision of the Courts of
Justice and which the Governor has no Power to determine by his
own Authority

L. H. J.
Lib. No. 45

The Proprietors Agent requiring Alienation fines on Devises is
a point of private Property upon which nothing has as yet come
before me if it should as Chancellor I shall endeavour in this as
in all other Cases to give a Decree according to Justice and equity
to the best of my Judgment and Understanding from the Court of
Chancery there is an Appeal to the Court of Appeals and from
thence to his Majesty in Council which must always be a sufficient
Remedy against all Sorts of Injustice that can be done under the
colour of law. What is said here will be likewise a Sufficient An-
swer to what you Object to his Lordships Vacating his Patents only
I must take notice of two mistakes you Commit on this Subject the
first that the Proprietor does this by his Prerogative and authority
whereas it can only be done agreable to the Rules of Equity observed
in a Court of Chancery and the second that this is a practice which he
has but lately taken upon himself whereas that practice will be found
in the Earliest Proceedings of this province
I cannot but be very much surprized to find that you should men-
tion to me as a Grievance that the Naval Officers take Gold and
Silver for their fees from all Masters of Vessels Entring or Clearing
with them you cannot but be sensible since It has been so often men-
tioned that it was the Lower House of Assembly alone that prevented

p. 894



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 405   View pdf image (33K)
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