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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 588   View pdf image (33K)
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588 Assembly Proceedings, May 15-June 8, 1751.

L. H. J.
Liber No. 47
June 6

In Pursuance of an Order of your Honourable House, your Com-
mittee sent to the Register in Chancery, the Clerks of the Secretary's,
Commissary's, and Land Offices, to know whether they had taken
the Oath prescribed by an Act entituled, A Supplementary Act to the
Act entituled, An Act for amending the Staple of Tobacco, for pre-
venting Frauds in his Majesty's Customs, and for the Limitation of
Officers Fees; who delivered their separate Answers as follow; viz.
The Register in Chancery answered, That he had taken the said
Oath before George Steuart, Esq; one of the Provincial Magistrates,
within the Time limited by the said Law.
The Clerk of the Provincial Office gave for Answer, That he ap-
prehended the said Oath to be so strict, as to hinder him from taking
any Fee or Reward, even from his Principal; and therefore had not
taken the Oath.

The Register in the Commissary's Office gave for Answer, That
by the Oath prescribed by Law for him to take, he conceived he
should be debarred from the usual and customary Allowances for
making out the Deputy Commissaries Commissions, and Copy of
their Instructions, for which the Commissary charges no Fees; and
for preparing Letters of Administration, or Testamentary, where
the Administrations are granted by the Commissary General, for
which he receives fifteen Shillings; the Deputy Commissaries re-
ceiving one hundred and fifty Pounds of Tobacco for the same
Services; which had been the usual Perquisites taken by all the former
Registers of that Office.

p. 164

George Gardiner, an Under Writer in the Commissary's Office,
says for Answer, That he has been but a little Time in the Office,
was unacquainted with the Law, nor yet understands it perfectly;
therefore cannot safely take the said Oath.
The Clerk of the Land Office gives for Answer, That it had been
an usual Perquisite in that Office to have ten Shillings for every
Petition formed and drawn by such Clerk from the Persons apply-
ing to the Office, where they could not get it done by any other, or
do it themselves; and that he conceived if he was to take the said
Oath, he could not take the said Perquisite or Reward.
Thomas Harwood, a Writer in the said Office, says, That he ap-
plied to Mr Stephen Bordley, as a Lawyer, for his Opinion; who
gave it him, that if he took that Oath, he could not receive his Salary
for acting in the said Office from his Principal, or charge the Fees
arising for the Business of the Office.
Robert Tyler, a Writer in the same Office, says, That he doubted
whether he could charge the Fees arising due to his Principal for
the Business of the Office, if he had taken the said Oath; and for that
Reason refrained it.



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 588   View pdf image (33K)
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