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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 494   View pdf image (33K)
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494 Opinions, Orders and Instructions, 1773.

Lib. 82, J. R.

In the year 1676 By a Message from the Upper House of
Assembly in the said Province The Lower House was ac-
quainted That the List of Chancellors' Fees was settled by the
then late Lord Proprietary, And his then present Lordship
would not Consent to any Act for settling the same, it being his
Prerogative; But that That List might be Recorded in the
Journal of the House; Whereupon the Lower House voted,
That in regard his Lordship declared That an Act for the
Chancery Fees would Intrench on his Lordship's Prerogative
The Lower House did not desire to do the same by Act, But all
that they Aimed at was: That the Inhabitants might Cer-
tainly know what Fees they were to Pay; And since nothing
could be more reasonable than That the same should be settled
& Published; the Lower House Humbly requested his Lord-
ship to ascertain the Fees of all his Lordship's Officers, And
that fair Lists thereof might be drawn out with his Lordship's
Assent thereunto. And that true Copies of the same might be
sent to the respective County Courts with the Laws made this
Assembly there to be Published and Recorded; And that an
Act might be drawn up That every Officer Exceeding the same
may be fined &c :
Pursuant whereto An Act was passed That Assembly for
the Limitation of Officers' Fees, with the following Proviso
Viz. If any Fees for any matter or thing hereafter to be done
belonging to their several Office and Offices And by the Right
Honourable the Lord Proprietary or his Lieutenant and Gov-
ernour So allowed and adjudged and not in this Act mentioned
Limitted and allowed Then it shall be Lawfull to have and re-
ceive such Fees as the Lord Proprietary and Councill shall
allow and no more.
N. B. This Act of 1676 was a Perpetual Law.

In 1692 An Act was made for repealing all Laws thereto-
fore made and confirming all Laws made that General As-
sembly which Laws were to be and remain in full Force and
Power According to the true Intent and meaning thereof
And that the same should be accounted & Esteemed the Body
of the Laws of this Province and no other theretofore made.
In which Act was a Proviso not to Prejudice any Person's
rights by Act of Nature Affection or any Private Acts thereto-
fore made relating to any private Persons.
In the same Assembly of 1692 A Temporary Act for the
continuance of three years and to the end of the next Sessions
passed for the Limitation of Officers' Fees; But in the said Act
there is no express Repeal of the perpetual Law of 1676; And
in the same Act of 1692 The same Proviso was as in the Act



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 494   View pdf image (33K)
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