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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 415   View pdf image (33K)
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The Lower House. 415


Resolved that the Levying and collecting fourteen pence Sterling
p Ton on Shipping trading into this province and not properly
belonging thereto is Arbitrary and without law to support it
Resolved that the taking of Judgment Bonds for fees before they
become due and refusing peoples Business to be done in the Offices
until such Bonds are given and also the taking such Bonds in penal-
ties within the Jurisdiction of the Provincial and County Courts
where such penalties being only double of the principal Sums would
be recoverable before a single Magistrate is Oppressive and Ex-
torsive
Resolved that Officers fees can only be setled and Ascertained
by law and that the setling or ascertaining of them by the Proprietary
his Governor or Council by way of proclamation or Ordinance is
contrary to the Royal Charter against the rights and priviledges
of the Subject and Arbitrary and Illegal
Resolved that the buying and selling of the offices of County
Clerks is against law and tends greatly to the Ruin and Oppression
of the people of this province
Resolved that the persons who hold the Offices of Clerks or Regis-
ters or receive the fees of these offices practising as attorneys in the
courts to which these Offices belong is against law of the most dan-
gerous consequence and Introductive of many Evils and Inconve-
niences to the suitors in such courts
Resolved that the exacting Alienation fines on Devises is contrary
to the Tenor and Condition of the Grants of Land in this province
Resolved that the Vacating of the Patents for land of the People
of this province by the right Honourable the Lord Proprietary or
his Chancellor for any cause whatsoever as Attempted to be prac-
tised here is Arbitrary Illegal and an Invasion on the rights and
properties of his Majestys free and Liege Subjects inhabiting here
Resolved that the Naval officers of this province obliging people
to pay their fees in Gold or Silver [is] directly contrary to An Act of
Assembly of this province

L. H. J.
Lib. No. 45

Whereas of late there has been erected within this province a new
office under the denomination of Master in Chancery with new fees
without any Law of this province to support the same which is
against the Common Custom and Usage in such cases as appears by
a Report of the Committee of Aggrievances and courts of Justice

dated the Ist day of June 1739 and concurred with by this House

Resolved therefore that the appointing new offices here with fees
without the consent of the People of this Province or their Delegates
in Assembly is illegal and Oppressive and Forasmuch as this House
have this Session addressed his Excellency the Governor setting forth
the several Aggrievances aforesaid but finding no Relief thereby
have on the same Subject Addressed the Right Honourable the Lord

p. 902



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 415   View pdf image (33K)
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