|
|
Your Committee further represent, that by an Act for the speedy
Tryal of Criminals, and ascertaining their Punishment in the County
Courts, when prosecuted there; and for Payment of Fees due from
Criminal Persons, It is Enacted " That from henceforth no Sherif,
" Jaylor, Clerk, Cryer, or other Officer, shall charge either their own
" County to which they belong, or the Publick, with any Fees for
" any Criminal committed to the Charge of the said Sherif or Jaylor,
" having sufficient Estate in this Province wherewith to pay the
" same, or being capable to pay the same by Servitude; but that such
" Criminals being discharged by Order and due Course of Law, shall
" pay their own Fees, to the Sherif, laylor, Clerk and Cryer, and
" other Officers, being such as they may demand according to Law,
" either out of his Estate, or by Servitude, or otherwise. And by
" the same Act it is further Enacted, That all Officers Fees due by
" Law for Criminal Servants, shall be paid by the County where
" the Fact shall be committed; and that all and every such Criminal
" Servants for whom the County shall pay the Fees due by Law to
" such Officers as aforesaid, shall after the End and Expiration of
" their Time of Servitude, to their Master or Mistress, satisfy and
" pay to the Commissioners of the County, who paid such Fees for
" them to the Sherif and other Officers as aforesaid, for the Use of
" the County, such Sums as they have paid as aforesaid: And the
" several Commissioners of the several Counties shall and hereby
" impowered to make Inquisition after all such Servants Criminals,
" for whom the County hath defrayed the said Fees to the Sherif
" and other Officers as aforesaid; and they the said Commissioners,
" according to their best Discretion, shall cause to be entered Rules
" for the Servants to make such reasonable Satisfaction to the
" County, as they shall think fit, and in such manner as they shall
" find convenient :" By which Act it appears to your Committee
that the Magistrates of the County Courts are not authorized to
assess and levy upon the People of the several Counties, any of the
said Fees, but what are allowed by Law. Your Committee humbly
conceive, that the Magistrates in the several Counties taking upon
themselves to allow in their respective County Levies, the Fees afore-
said not warranted by Law, is contrary to the Power vested in them :
And that the assessing and levying such illegal Fees, is a Grievance,
and that such Oppression tends to alienate the Affections of the
People from his Lordship's Government. But is humbly submitted to
the Consideration of your House.
Signed p Order E. Dorsey Cl. Com.
Which being read, a Question was put, Whether the House doth
concur therewith or not ? Resolved in the Affirmative.
|
L.H. J.
Liber No. 46
|
|
