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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 662   View pdf image (33K)
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662 Assembly Proceedings, May 1-June 4, 1744.

Calvert
Paper
No. 415

some Compromize should be endeavoured to be made Between the
Contending Parties, or The Decree (when made) must be given with
the utmost Caution in point of Justice & Equity, to Correspond as
much as may be with the present reasonings of the Lawyers Here.
The Points of the Second Sort which May be Conceded to, Are,
Alienations on Devises, Bonds for Fees, Taking money from County
Clerks, The Secretary practising In the provinciall Courts; And
(if still insisted on) The Examiner in Chancery, As well as Navall
Officer's taking Gold & silver instead of paper money for their fees,
Tho This Last must not be yeilded to (if it can possibly be Helped)
Lest the severall Navall officers in the Upper House should be so
much Disobliged as to lessen their Earnestness in Support of the
Governmt in other matters: Although These Points should not be
adhered to by the Government, yet the manner of Desisting from
Them, ought to be rather by Disuse & in Generall Terms, than by an
Explicit Disapprobation, if it can be avoided.
The Act of 3s for Arms may be taken, if offer'd without any ob-
jection to the time of Continuance And This perhaps may be the
more adviseable in this juncture of foreigne Commotions, Lest there
should Happen or want of a provision for Arms, And the Countrey
should pretend to justifye Themselves upon any application to His
Majty by insisting, That such a provision ought to be made out of
the 12s p hhd. & Consequently that His Lordship ought to account
for 3s out of yr fund for the future, if not from the time of receiving
it under the act of 1704: But what is here said ought not to be of
weight enough to pass a Bill Clogged wth any such provisoe or
Clause, as this Bill Last Session was, which reserved a right of call-
ing His Lordship to an Account for the Collection of the Duty un-
der the Act of 1704; For This Has a tendency to invalidate that Act :
However, it Deserves Consideration, whether, If the Assembly
should insist on a share in the Disposall of the monies to be raised
for arms It should not be Conceded to (if it Cannot by any means
be avoided) as well for the aforementioned reasons, As For That
Mr Ogle in the first Session after His going thither, made a prece-
dent of that kind, by an Act He then passed for the 3s
There are Severall favourite Laws, which the Countrey greatly
Desires, & are now Expired but may be revived in a manner suitable
to the Complaisance or Good nature of the Assembly
Upon The whole, There is another very Considerable point;
Whether, All or Any of These Advances, On the part of the Gov-
ernmt can be made, or will be received, with so good a Grace or effect,
in the person of the present, as of Another Governt, since Every
step for want of Confidence or Hopes, May be received by the Man-
agers in the Lower House with a wrong interpretation. Should
Another Governr be sent; It Cannot be Expedient, but Highly Im-
proper The present Gentn should Hold Another Session, A Speech



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 662   View pdf image (33K)
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