The Upper House. 51

Prohibition being thus confined to "pauper" proves that it was
not intended to comprehend "other" Estates. The late Inspection
Act makes a similar Provision in respect of pauper Estates only.
Contemporary usage corresponded with this Idea. As far back as
the mode of Charging can be traced the Commissaries General have
invariably Charged the Fees in Question. You Observe that there has
been "the" Additional Charge of Order in this Office for almost
every Act done, when the Old Table makes the Allowance "only for
Orders in Testamentary Causes" but this is a Mistake, for in the
Old Table these Articles occur Viz^t Entring every Motion in Court

and "Order" thereon. For transmitting Balance and "Order." For

transmitting Sureties Names and "Order." For transmitting Dis-
tribution and "Order." In the Year 1753 The Lower House at-
tempted by a Bill to strip the Commissary General of his Fees when
Services were performed by the Deputies; but the Upper House
amended it in this very respect, and the Lower House concurred,
so that in the Year 1753 it was the Sense, and Expectation of the
Legislature that these Fees might, and would be Charged, and for
your further Satisfaction on this Point we have made the following
Extract Viz.^t November the 12.^th 1753, Amendments proposed by
the Upper House to the Bill entitled "An Act for amending the
Staple of Tobacco for preventing Frauds in his Majestys Customs
and for the Limitation of Officers Fees." In the 17.^th line of the
first page, between the words "Mate" and "Boatswain" put "or"
instead of "and." In the 13^th line of the 13th Page, and in the 2.^d
line of the 14.^th Page, make the Sheriffs Salary "six" instead of
"Five." In the Secretarys Fees, making up the Issue when done by
the Clerk, leave out "when done by the Clerk." A Venire Facias
for Jurors, if Issued by Order of the Court, leave out "if Issued
by Order of the Court." A Copy of the Judgment, if demanded and

U. H. J.
Liber No. 36
Nov. 26
p. 588

delivered, leave out "if demanded and delivered." Commissary
Generals Fees every letter of Administration, or Letters Testa-
mentary if Granted by the Commissary General leave out "if
Granted by the Commissary General." For every Bond if taken by
him, leave out "if taken by him." Every Oath if Administered by
him, leave out "if Administered by him." A Warrant to Appraisers,
if Granted by him, leave out "if Granted by him." A Warrant to
Swear them, if Granted by him leave out "if Granted by him." On
Reading the said Amendments proposed the Question was put in the
Lower House, which of the two following Questions shall be first
put Viz.^t Whether this House agrees to all the Amendments pro-
posed by the Upper House to the said Bill or not? Or, Whether
several Questions shall be put upon the several Amendments pro-
posed by the Upper House or not. Resolved that the Question be
put, Whether this House agrees to all the Amendments proposed
by the Upper House to the said Bill or not ? The Question was put
and Resolved in the Affirmative.

p. 589