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without the Formality of any Writ, and by a Statute of Phillip and
Mary, Sheriffs are to appoint four Deputies at the least, dwelling
not above Twelve Miles distant from each other, to make Replevies,
and Deliverance of Distresses.
In those Statutes we have the Satisfaction to observe, that no Fee
or Perquisite was referred to the Chancellor, as the Price of that
Ease and Convenience to the Subject, which they, no Doubt, were
intended to procure. And it may be observed too, that when those
Alterations in the Law took Place, Distresses were held as Pledges
or Securities only, and consequently the Evil then not so great as
at this Time, when, by the Practice here, under the Statute of Wil-
liam the 3.d Distresses may be taken and sold at the End of Five
Days, which apparently encreases the Evil, and shows the Necessity
of speedy Replevins, which are generally prosecuted by needy Ten-
ants, out of whose Pocketts the Fee reserved by your Amendment
to the Chancellor must be extracted.
On this Occasion, permit us to assure your Honors, that we shall
never advisedly consent to any Fee being paid where no service is
done, and shall be still more averse to the Establishment of a Prin-
ciple so incompatible with political Regulation, as that of paying a
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L. H. J.
Liber No. 54
Dec. 13
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Fine under the Name of a Fee, for the facile obtaining of Justice;
nor can we imagine that his Excellency the Governor would, as
Chancellor, regard a trifling Loss arising from the Passage of a
reasonable Bill, which has constantly been desired by the People
for a long Course of Years.
For these Reasons we have returned your Honors the Bill, upon
an Expectation that you will recede from your First Amendment
We also disagree to the second Amendment, and think a Clause
of Continuance unnecessary. We apprehend no Inconvenience can
arise from more nearly conforming our Practice to the Laws of our
Mother Country, which have been long in Use and produced happy
Efforts, but still, should you think proper to give the Bill a Con-
tinuance for Three Years, and to the End of the next Session of
Assembly thereafter, we are willing to pass it with that Amendment,
and not otherwise.
Sign'd by Order T. Wright Cl: Lo: Ho:
Which was read, approved ot, and Ordered to be engrossed.
The Serjeant at Arms returned the Order of this House of the
7.th Instant, with the following Indorsements, viz. I hereby depute
Allen Quynn to serve the within Order. Witness my Hand this 7.th
Day of December 1769
Robert Saunders, Serj.t at Arms
Allen Quynn makes Oath on the Holy Evangels of Almighty God,
that he went to the House of Richard Lee Esq in Charles County,
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p. 27
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