U. H. J.
Liber No. 36
If however in any Case Orders are improperly Charged, let the
Old Table be Corrected so as to prevent such Charge in future.
We presume that no Service was directed by the Old Table for
which some Reward was not intended, especially when to the De-
scription of the Service a Reward is expressly annexed; but if the
Service be supposed to Consist of distinct parts and a Reward be
generally annexed, either this Sum must be due or Nothing for there
is no Rule of Apportionment.
Ex: gra: The old Table gave the Secretary 7 lbs of Tobacco per
side for filing and recording every Declaration and other Pleadings.
If the term recording, necessarily means transcribing into a large
Book which we conceive it does not, either the 7 Ibs of Tobacco are
due for filing or nothing. If nothing be due, then on Actions Agreed
abated or discontinued, however various, and Prolix the Pleadings
if the Proceedings have not been transcribed, the Officer was entitled
to Nothing. In the new Table, the Return is added to almost every
returnable process. In the Case of Audita Querela, 87lbs of Tobacco
are given. On the Principle above Suggested, either the Reward
of 87.lbs of Tobacco would be due for the Service of Issuing the
Process, or nothing would be due for it without a return because
there is no applicable Rule of Apportionment.
If however on a just Construction of the Old Table, and on a
proper Consideration of the general Allowance, and Usage as far as
the Matter may be traced, it should appear that the Secretary and
County Clerks have Charged for Recording where they should not,
the Instances in which the improper Charges have been made being
ascertained, we are willing such may be guarded against in future
by Corrections or new descriptions, and these too are our Senti-
ments in respect of the Examiner General and the Surveyors.
We have already declared why we think the Old Table is primarily
to be considered, and discover no reason for altering our Opinion, in
what you have last said. So far as a Reduction may be intended, we
shall not agree to the New Table. So far as Explanations or
Corrections of the Old may be proper, we are willing to Examine the
New Table and to adopt such parts of it as may Answer this Design,
and for this purpose to take both the Old and new under Con-
The Conferees Adjourn until to Morrow Afternoon 4 oClock