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L H. J.
Liber No. 54
Nov. 22
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2.d Inspectors rechosen to give timely Notice, or failing thereof,
to be considered as an actual Refusal.
3.d Time of closing the Inspection limited by our Bill to the 20.th
of August you contend ought to be the last of July.
4.th Penalties and Mode of Recovery
5.th Whether the Alternative be extended to Costs of Suit
6.th Officers ffees including the Time of Execution and Payment
7.th Clergy's Dues
The Regulation of Officers ffees as it is plainly a Matter of the
great Importance and must necessarily take up a great deal of
Time whenever it is settled, as many Points of Difference are likely
to occur in it, and it being a Matter too in which several of the
Honourable the Upper House are considerably interested, and there-
fore fairly presumable an Object of more immediate concern with
them, was thought by the Lower House to be the Point which ought
first of all to be settled; nor has the Event proved them to be mistaken.
It is useless at this Time to go minutely through your Honours
Reasoning on this Head. To our Objections against the Charge for
recording Papers where the Service is not done the extravagant
Charges of the Surveyors and Examiner, and the frequent Charge
of Order in the Commissary's Office you have still reserved to your-
selves to say, whether those Charges are proper or improper under
the old Regulation and from your Reasoning in Support of them
have left us little Hopes of being able to convince you of their Im-
propriety; and till then, your repeated Assurance that you will not
agree to any Reduction of ffees properly chargeable according to
the old Table must secure those Charges from being prevented in
future. When we asserted that the Charge for recording was made
where the Service was not done, we confined our Ideas to what were
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p. 274
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or were not Records in this Province and altho' we have Reason to
believe that Records are kept in Rolls in the Mother Country, we con-
sider the Books either small or large in which the Clerks enter the
Proceedings of the Courts here, to be Records of the Proceedings of
our Courts, and that when the Declarations &.ta are not recorded, and
this Idea we think is confirmed not only by several of the Allowances
in the Tables for recording, but also by the long continued Practice of
recording in small or large Books in all the Offices; and by the Acts
of Assembly in 1716 and 1742 by which the Secretary and other
Officers are bound to find a Supply of good and sufficient Record
Books necessary for entering up all Matters &.ta
The Commissary General's Charge for Services not performed by
him but which are performed by his Deputies and for which those
Deputies are paid you strenuously support. You do not even allege
there is any Degree of Justice in such Charge, but ground yourselves
on your Construction of the Table and uniform usage and Practice
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