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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 560   View pdf image (33K)
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560 THE CHANCELLOR'S CASE.—1 BLAND.

It had been the uniform practice of the General Assembly, for
about twenty years past to pass a bill at each session, by which
it was enacted, in general terms, that all Acts which would then
expire should be continued over to the next session. This had
been found an easy and safe mode of continuing all Acts of all
descriptions, not intended to be repealed or made perpetual. But,
at the last session, the subject was taken up with more apparent
care, by a bill which proposed to review, and to continue or per-
petuate each temporary Act by name. On the 9th day of Decem-
ber, 1824, soon after the commencement of the session, it was
moved in the House of Delegates, that a committee should be
appointed to inquire what laws would expire with that session; (a)
and a committee was accordingly appointed; who on the 14th of
the same month reported a bill, which on the 17th, was ordered
to a second reading; that is, to be put upon its passage, on the
17th of the next mouth. But, on the same day, this bill, instead
of being suffered to lie over to the appointed time, was recom-
mitted; and did not again make its appearance in the house until
the 8th of February following. After which, it was suffered to lie
upon the table unnoticed until the very last day of the session,
*when it was called up to a second reading; and, while on
598 its passage, it was proposed to insert a clause continuing
the Act of 1798, ch. 86, which made provision for the payment of
the Chancellor's salary; but the proposition was rejected, and the
bill thus passed and sent to the Senate. This bill, proposing to
continue or perpetuate each temporary Act by name, requiring
much consideration, and omitting all provision for the payment of
the Chancellor's salary, the general appropriation for which, dur-
ing the last twenty-four years had been continued or renewed by
each continuing Act, was, without hesitation, rejected by the
Senate.

It appears, that, on the 14th day of December last, an order was
passed by the House of Delegates, calling on the register in Chan-
cery, to report u at as early a period as possible, the number of
cases remaining in said Court undetermined, and the length of
time they have remained there; also the number of cases in which
the papers have- been lost; and the number of decisions made with-
in the two last years, ending on the first of November, 1824." This
call was answered on the 20th of the same month. On the answer
being read, it was immediately referred to the committee, of griev-

(a) It may be well here, once for all, to remark, that it has been deemed
unnecessary to make any special reference to the journals of either house
for what, as in this instance, is stated in this memorial to have been done by
the House of Delegates, or by the Senate; because the date given in the text
will, in every instance, be found to be of itself a sufficient reference, as all
the movements of the two houses are placed upon their respective journals
in chronological order.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 560   View pdf image (33K)
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