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L. H. J.
Liber No. 47
June 7
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annexed, that the said Barnes had proved his Account in any Man-
ner whatever. And moreover, had the said Nalley been actually
committed to him as Coroner, detained in Custody, and supported
with Provisions agreeable to Law; neither by Proclamation, or the
Law regulating Officers Fees, would he have been intitled to the
Sum by him charged. In the Account formed by the said Barnes
against him the said Nalley, the first Article thereof is never charged
by any Officer to a Defendant; which, upon the least Attention of the
said Court, might have been discovered.
It further appears to this House, that the Court of the said County
broke up at 9 or 10 of the Clock at Night; and that the last Thing
transacted therein was giving the said Judgment, and assessing Dam-
ages; of which the said Nalley was no ways acquainted, and there-
fore out of his Power to have Redress by Writ of Enquiry of Dam-
ages; which we humbly conceive he was intitled to, upon Application,
the same Term, agreeable to the Directions of an Act entituled, An
Act for the Amendment of the Law, and the speedier Advancement
of Justice in Relation to the assessing of Damages, Body of Laws,
Folio 229.
We take Leave to annex hereto a Report made to this House by
the Committee of Grievances and Courts of Justice, upon the Subject
of the said Nalley's Complaint; and to observe to your Excellency,
that Mr. Walter Hanson, one of the Justices who sat on the Bench
at the Time the Judgment was rendered, appeared before this House
on the said Complaint, and acknowleged that it was a wrong Judg-
ment, and given and entered in a Hurry, without Considering the
same; and that altho' by the Clerk's Entry of the Stile of the Court,
ten Justices being on the Bench, yet there were no more than the
said Walter Hanson, Daniel of St. Thomas Jenifer, and Robert
Yeates, sitting in Court at the Time of rendering the said Judgment.
We humbly conceive, that the several Justices being tied by an Oath
to do equal Law and Right to all the King's Subjects, ought with
great Attention and Deliberation, to discharge the great Trust com-
mitted to, and reposed in them.
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p. 168
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We therefore humbly pray, that your Excellency will take the
Subject Matter of the Proceedings of the said Court in Relation to
the said Judgment; and the Conduct of the said Robert Yeates, and
Daniel of St. Thomas Jenifer, therein, into your Consideration; and,
in Order to prevent Evils of the like Kind for the future, to do
therein, as to you in your Wisdom shall seem right and just.
Was read and assented to, and signed by Order of the House by
the Honourable Speaker.
Ordered, That Mr. Lloyd and Major Barnes do acquaint his Ex-
cellency, that this House hath prepared an Address to him, and de-
sires to know when and where he will please to receive it: They
return, and acquaint Mr. Speaker, that the Governor signified he
would receive the Address at 11 o'Clock in the Conference Chamber.
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