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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 267   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 267

the collection and application of the one shilling per
hogshead destined to the public service, as it settled that sum as " an
" annual revenue upon their majesty's governor within the
" province for the time being." In 1704 a new act was passed,
setling the said sum of one shilling as before upon the
governor for his support, and that of the government, and
admitting the right of the proprietary to the other shilling
during his life, upon condition of his receiving the rents and
fines in tobacco, according to the original stipulation, but
holding him responsible for the arrears of the other moiety
of the whole duty, which the assembly, in the acrimonious
language of that day, stated to have been misapplied and
converted to his own use. In the mean time lord
Baltimore's officers met with many obstructions in the collection
as well of his rents and alienation fines as of the duty of one
shilling per hogshead, which he had always claimed as a
matter of private contract between him and his tenants,
sanctioned by law, to indemnify him for the loss he might sustain
in his rents, &c. by receiving tobacco instead of sterling
money; and the repeated orders of the crown, founded upon
the complaints of his officers, and the counter-representations
of the assembly, were scarcely sufficient to secure him in the
exercise of his rights. He continued however to be entitled
to the one shilling duty during his (b) life, as, being a private
right, it was saved from the effect of any general repealing
law. Upon his decease, in 1715, acts were passed
confirming, first, to his successors the duty of one shilling for a
limited time, and afterwards granting the new proprietary
eighteen pence sterling per hogshead on condition of his
receiving the quit rents and alienation fines in tobacco as
before. It is here that the legislative proceedings became too
complicated to be unravelled by so hasty an investigation as
I have been enabled to give them. The proprietary,
Benedict Leonard, died, as it would seem, without giving his
assent to the acts in his favour, and great difficulties arose in
the settlement of this matter with his successor. These
concerned in some degree the guage and tare of tobacco
hogsheads, and other regulations respecting the staple itself, which
were calculated to affect the product of the duty, as well as
of a tonnage duty in which the proprietary had also an
interest. Equivalents in money were proposed for the rents and
fines, and rejected. It appears however that by successive
acts from 1716 to 1730, all having for their principal object

    (b) His son Cecilius, (or, as the records call him, Cecill,) for whose
life, also, the duty had been continued, died at an early age, I believe in
Maryland, as it appears that he was in the country, and was left as
nominal governor, upon occasion of his father's first absence from the
province, in 1676, Jesse Wharton, Esq. being appointed deputy (or rather
acting) governor on the same occasion.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 267   View pdf image (33K)
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