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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 624   View pdf image (33K)
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624 THE CHANCELLOR'S CASE.—1 BLAND.

been made therein since the passage of it." But by the Act of
1804, ch. 64, passed previous to the last mentioned Act of the
same session, a new mode is prescribed of collecting the taxes
imposed by the Act of 1792, ch. 76; and, the several sheriffs are
directed to collect, " and to pay the same to the treasurers of the
respective shores, as the case may be." By virtue of which law,
those taxes; when paid to the treasurers of the respective shores;
immediately become a part of the general funds of the State; and
are not now, as formerly, paid to the treasurer of the Western
shore only, and by him kept '' apart from all other money to be
applied towards the payment of the salary of the Chancellor."

These taxes on proceedings in Chancery and the land office, of
the Eastern Shore, are, therefore, now paid to the treasurer of that
shore; who, after making sundry disbursements, pays the annual
general balance to the treasurer of the Western Shore—so that the
treasurer of the Western Shore has, now, no means of ascertaining
the amount of the whole fund which had been created by the Act
of 1792; since the two treasurers are as wholly distinct, in regard
to their accounts, disbursements, and responsibility, as if they
belonged to different governments. The treasurer of the Western
Shore cannot, now, ascertain what deficiency he should make up
out of the money arising from the sale of vacant land; and, conse-
quently, * has been virtually deprived of the authority to pay
667 the Chancellor's salary out of that particular fund, as was
prescribed by the Act of 1792. This special fund, created by the
Act of 1792, for the payment of the Chancellor's salary, has, then,
been totally broken up, abrogated and abolished; because, the
moneys arising from the taxes, imposed by that Act, have been
permanently diverted from their original destination, by a per-
petual law which mingles them with the general mass, and sub-
jects them indiscriminately to the general demands upon the trea-
sury. There has been no law passed since 1792, authorizing either
of the treasurers of the State to pay to the Chancellor, in any other
manner, the amount of the salary given him by that Act.

Hence, it follows, that if it were even admitted, as it cannot be,
that the Act of 1792, would be virtually revived by the expiration
of the Act of 1798, there is nothing now left, of the Act of 1792, on
which a mere constructive revival can operate, but those parts of
it which fix the amount of the Chancellor's salary; because, the
residue of it, which created a fund out of which the salary was
directed to be paid, has been altered, and the fund otherwise ap-
plied by subsisting perpetual laws. The appropriation to pay,
nnder the Act of 1792, having been thus altered and repealed, the
Chancellor, it is evident, can be in no better situation, as matters
now stand, under the Act of 1792, than under the Act of 1798. He
would be alike without any legislative warrant to demand pay-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 624   View pdf image (33K)
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