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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 56   View pdf image (33K)
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56 Assembly Proceedings, October 2-November 30, 1771.

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

be the Operation of this Act. For it appears by the Journals that
the Assembly in 1747 had the Bill of 1745 under their Consideration

PUblick Offices were doubtless erected for the Benefit of the Com-
munity, and for the same Purpose are Emoluments given to Support
them.
We have not intimated that Deputies were appointed with the
Intention of encreasing the Expense, on the Contrary we have said
that they were introduced for the Ease of the People, and we may
add to lessen the Charge they were liable to before the Act of 1715,
which Act, tho' it did not deprive the Commissary General of his
Fees, except in the Case of Pauper Estates, consulted the Con-
venience of those to whom an Option was given to transact Business
with the Commissary General or his Deputy. The Commissary Gen-
eral before the Act of 1715 Charged his Fees on "every" Administra-
tion. By this Act if the Estate be so small as that the Inventory of it
shall not Amount to £10: in Money, there shall be paid to the Deputy
for Granting Letters of Administration &.t the Sum of 50lbs of
Tobacco, and no more, and "in every such Case" the Commissary
General shall have no Fees; so far and no farther is the Commissary
General restrained by the Act of 1715, and the Usage or Practice
has invariably Corresponded with this Restriction.

p. 601

By the late Inspection Act the Fees were expressly given to the
Commissary General for "every" Letter of Administration. For
"every" Bond for every Oath &.t and the generality of the Ex-
pression is only Qualified in respect of pauper Estates. That there
should be an Inclination to Abolish these, and other Fees we
do not wonder and apprehend that the Reduction of Income has
rather been the design than the Correction of Abuse. We are most
certainly assured the Interest of the Commissary General would be
so little Consulted by an acceptance of what you proposed, that it
would reduce his Income below the Regard of a Gentleman. If the
double charge as you call it, should be disputed, what would be the
decision, or whether the Commissary General would think proper
to bring his Suit on a Quantum Meruit, or on the Testamentary, or
Administration Bond of the Party, or in any other manner, we can't
undertake to Say, but presume you will agree with us in Opinion,
that, if no new Regulation of the Fees should be Established, the
pauper Estates instead of £30. as settled by the late Inspection Act,
will only be £io. and the Jurisdiction of the Deputy Commissaries
will not exceed £50. instead of being extended to £150. according
to the Enlargement of it by the Inspection Act, and that it would be
for the Ease and Convenience of the people pauper Estates should
be £30. and the Jurisdiction of the Deputy Commissaries extended
to £150.
Do you chuse the Regulation of Fees proposed by the Bill of 1745,
which you have mentioned in Terms of so much Approbation, should



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 56   View pdf image (33K)
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