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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 499   View pdf image (33K)
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Opinions, Orders and Instructions, 1773. 499


Offences whatsoever whether before or after Judgment and
to do all and singular other things belonging to the Completion
of Justice and to Courts Judicatories and Tribunals judicial
forms and Modes of Proceeding although express mention
thereof in these Presents be not made and by Judges by them
delegated to award Process hold Pleas and determine in those
Courts Judicatories and Tribunals in all Actions Suits Causes
and Matters whatsoever.
By virtue of the Letters Patent aforesaid Lord Baltimore
erected Courts and appointed Judges Magistrates and Officers
who have always acted and still act in the several Courts under
such Appointment except from the year 1692 to 1715 when on
Account of the Disability of the Lords Baltimore the Govern-
ment was in the Crown till Lord Charles being a Protestant
was in 1715 restored by George the First.
Between the years 1633 and 1637 the Officers appointed by
Lord Baltimore or his Governor were authorised by their
Commissions to demand and receive such ffees as were usually
paid in England or Virginia for similar Services.
In the year 1642 a Table of ffees was settled and Published
by the Governor & Council of the Province.
In the year 1676 a perpetual Act passed for Limitation of
Officers' ffees but before the said Act was framed the Lower
House of Assembly were acquainted in a Message from the
Upper that the list of Chancellor's ffees was settled by the then
late Proprietary and his present Lordship would not consent
to an Act for settling the same it being his Prerogative, but that
the list might be recorded in the Journals of the House where-
upon the Lower House voted that they did not desire to
intrench on his Lordship's Prerogative but all they aimed at
was that the Inhabitants might certainly know what ffees
they were to Pay, and since nothing could be more reasonable
than that the same should be settled and Published they
humbly requested his Lordship to ascertain the ffees of all his
Officers and that fair Lists thereof might be drawn out with
his Lordship's Assent and true Copies thereof be sent to the
respective County Courts to be Published and recorded and an
Act framed for fining every Officer exceeding the same.
In the Act of 1676 was the following Proviso " If any ffees
for any matter or thing to be done belonging to the several
Offices and by the Lord Proprietary or his Governor so al-
lowed & adjudged and not in this Act mentioned then it shall
be Lawfull to receive such ffees as the Lord Proprietary and
Councill shall allow and no more."
In June 1692 a General repealing Act passed in the same
Assembly a Temporary Act for three years passed for Limi-

Lib. 82 J.R.



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 499   View pdf image (33K)
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