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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 665   View pdf image (33K)
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666 THE CHANCELLOR'S CASE.

inquire, and endeavour to ascertain, on how much of the act of
1792 a constructive revival would, at this time, operate.

The two first sections of the act of 1792, specify the amount
and duration of the chancellor's salary; but, they make no provi-
sion whatever for its payment. By the four last sections a parti-
cular fund was to be raised, for that purpose, from taxes on
proceedings in chancery and the land office. From that fund, the
treasurer was directed to pay the chancellor's salary, if it should
be adequate; if not, the deficiency was to be made up, not gene-
rally out of any money in the treasury; but " out of any moneys
in the treasury arising or to arise from the sale of vacant land"—
and, it was declared, that " the said taxes shall be collected and
paid for five years after the end of the present session of Assembly
and no longer." By the act of 1797, ch. 51, every part of this
act " relative to the said taxes and duties," was continued during
the term of seven years, and until the end of the next session of
Assembly; and by the act of 1804, ch. 108, " the fifth section"
of the act of 1792, ch. 76, was " enacted into a permanent law;"
provided " that it should be subject to any alterations which have
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 money arising from the sale of vacant land; and, conse-

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 665   View pdf image (33K)
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