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The Lower House. 181
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since continued not so much from the Impressions of the Propriety
and just Proportion of the Reward to the Service, as from the
Utility of that Bill in other Respects; and the Necessity of agreeing
to an imperfect Table of Fees, or losing a Regulation of the Staple
allowed on all Hands to be very beneficial to the People
The Interest of the Commissary General would be consulted by
an Acceptance of what is now proposed, because we are fully con-
vinced that in Case the Table should be passed in the Manner it
formerly stood the double Charge would be disputed; and we are
of Opinion would not be recovered in Case the Point should be fairly
controverted before a Jury; and if the Table is not passed into a Law
we know of no Action that would lie for a Quantum meruit where
the Service is not done
We have already declared that we are not desirous of reducing
the Offices below the Acceptance of Gentlemen of Abilities and Dis-
tinction and if upon the best Calculation we can make, any of them
shall appear by the proposed Alterations to be reduced too low, we
shall most readily, upon the present Conference increase the ffees
in such a Manner as that they may amount to a handsome and ade-
quate Income.
But that no further Time may be thrown away in this Business,
we must in the most explicit Manner declare it is our fixed unalterable
Resolution not to consent to any Regulation unless Provision be
plainly and effectually made against the Charge of the Commissary
General for Services done by his Deputies, and for which they are
paid; and the Charge for recording where that service is not done.
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L. H. J.
Liber No. 54
Nov. 18
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If therefore the Upper House do adhere to their Resolution of not
admitting any further Reduction than what must necessarily result
from the Election to be given to all Persons to pay in Money or
Tobacco, and are of Opinion that the above Charges are agreeable to,
and may be justified by, the old Table, nothing further can possibly
be done. If, on the contrary, they are willing to explain and correct
the Table in these particulars so as to prevent such Charges in future,
we shall most chear fully proceed to take both the new and old Table
under Consideration.
Daniel Dulany Esq.r from the Upper House delivers to M.r
Speaker the Bill entitled An Act for the further Emission of Bills
of Credit, and the following Message
By the Upper House of Assembly, Nov.r 18.th 1771
Gentlemen,
Your Message of the 16.th Instant with the Bill entitled "An Act
for the further Emission of Bills of Credit" seems to import .....
[The message beginning thus is printed in full in the Upper House
Journal, pp. 34-35].
Ordered That the said Message be read and it was read accord-
ingly
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p. 257
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