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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 99   View pdf image
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The Upper House. 99


The single Settlement recorded by the Clerk is in our Opinion a
Matter of a very general and public Concern respecting the Titles
of many People, and was properly recorded that they might be
apprised of the State of them wherefore the service in recording it
may be truly called a Public Service. Lord Baltimores Name having
been mentioned the Circumstance seems to have been eagerly catched
at tho we hope now it is explained it will give very little Countenance

U. H. J.
Liber No. 36
Dec. 19

to the Misrepresentation we hinted at in our Message, and to which
it seems you are Strangers, that the Clerk's of the Council's Claim
arises from Services relative to his Lordships private Concerns.
What those sundry Charges amounting to 526lb of Tobacco on
Petitions of private Persons are, you have not pointed out, & there-
fore afford us no Opportunity to consider your Objection. The
Charge for Inspectors Commissions falls next under your Animad-
version and you ask under what Rule in the Inspection Law with
Regard to Matters of private Concern can that Charge be supported ?
and by subjoining that if the Rule of 9 pounds of Tobacco by the
side was to be adopted, these Warrants would not come to 18lb of
Tobacco each, you may acutely shew what Manner it cant be justified;
but there being another Rule, which tho more obvious, you have
happened to overlook, we must beg your Attention to that for your
Satisfaction & the Clerks Justification. As the Clerk of the Council
was called upon to frame an Account; the Rule he observed, and
the only One he could observe, was that which is established by the
Inspection Law in private Cases of the nearest Resemblance, By that
Act, there is a Fee given for Recording by the Side, but there is a Fee
likewise given for any Commission or other Commission prepared
by the Clerk to pass the broad Seal if a Place of Profit, and also
for every Rangers, Coroners, Surveyors Commission, or other Com-
mission of Profit 150lb of Tobacco.

Now in making out the Commission of an Inspector, the same
Charge is made to the Public, as any private Person must have paid
if appointed Coroner, Ranger, Surveyor &c, or to any other Place of
Profit. You now perceive, that in preparing Commissions the Clerk
of the Council does not, by the Inspection Law, charge private Per-
sons by the Side, but the sum of 150lb of Tobacco, without regard
to the Number of Sides contained in the Commission, and this Rule
he persued in Charging the Public for Inspectors Commissions. If
there is any Reason for a Distinction between a Commission and a
Warrant, we do not know, nor can we discover it from your short
Parenthesis
What the Sentiments of the Legislators who framed the Inspection
Law, could they be discovered, would be, are by no Means proved
by the Circumstances you mention, tho we can easily admit, that
they might not expect this Charge would ever have been made by
the Clerk of the Council, because they allowed his whole Claim

p. 279



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 99   View pdf image
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