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posed would be great, and the Loss of the Seals triffling, if the Loss
of the Fees would be triffling to the Chancellor the Payment of them
would be triffling indeed to the whole Province but the Principle of
the Regulation gives the Alarm.
We are inclined to believe that his Excellency the Governor is,
merely in respect of his Personal Advantage, very little Sollicitous
about the Income from the Seals in this Instance, but this is not the
Consideration, for the Office of Chancellor, in this Province, is en-
tirely Supported by the profits of Seals to Patents, Writs, and to
other Process, and he will think it his Duty to preserve them un-
impaired, and not to Submit to any Attack upon them in one
Instance, which, proving Success full, might Countenance it on other
Occasions, when the Pretence of Publick Convenience might be
assumed to Cover the Design of Striking at the Support of a Con-
stitutional Important Office.
The Support of the Chancellor in England doth not depend upon
Fees for Seals to Writs, or other Process, and there seems to us to
be as little Reason to deprive the Chancellor here of any part of the
Provision, Established for his Support, because the Chancellor of
England has it not as on the other hand could be advanced upon a
Demand of a Provision here on the Ground that the Chancellor
of England has it there
It is very true, that, by the Statute of Marlbridge, in the Case of
Distress, the Sheriff on Plaint, may make Replevin to be entered in
the Petty County Court incident to his Jurisdiction, but, as where
he proceeds upon Writ of Replevin which Issues out of Chancery,
on any Contest between the parties, the Cause is generally removed
by another Writ out of Chancery to Westminster Hall, so, in the
Case of a Plaint under the Statute the Removal to Westminster by
Writ of Record are out of Chancery generally happens when the
Cause of the Replevin is Disputed, and, if the Person out of whose
Possession a Chattel is to be taken by the Replevin Claims Property
in it the Sheriff is Stopped from further Proceedings till theWrit
de Proprietate probanda is purchased. On what has been Suggested,
and Considering what would be the Operation of the Bill, if passed
into a Law without Our Amendment, it appears to Us that the
Chancellor here would be totally deprived of the Profit from the
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U. H. J.
Liber No. 36
Dec. 18
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Seals, tho on every Writ of Replevin in England the Seal is used
at least once, frequently more than once, and on Plaints in Pursu-
ance of the Statute of Marlbridge the Seal is always requisite in the
Removal thereof, for Notwithstanding a Provision is made in the
present Bill for the Removal of Replevins from the County Courts,
Yet they being Courts of Record, the Removal would not be by Writ
out of Chancery, and therefore, if Regard is to be had to the Prac-
tice in England, and an objection is valid when such Regard is not
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p. 434
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