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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 103   View pdf image (33K)
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The Lower House. 103


Resolved, That the Fines arising on Ordinary Licences are, and
always have been, the undoubted Right of the Country; that the
Lord Proprietary of this Province, by his Prerogative, can have no
Right to impose or levy, by Way of Fine, Tax, or Duty, any Sum
of Money on any Person whatsoever, or take to himself an such Fine,
Tax, or Duty, imposed by any Law of this Province, which now is
or hereafter may expire, without the Consent of the Representatives
in General Assembly.
Resolved, That the Lord Proprietary, in the Year 1717, by accept-
ing the Fines on Ordinary Licences as a Gift from the People, under
a Law, setting forth, that many tedious and chargeable Debates had
happened concerning the Appropriation of 'em, which, it is men-
tioned in the same Law the Representatives of the good People of
this Province had to that Time insisted coul'd not be made without
their Assent thereto in a Law, and which the Delegates and Repre-
sentatives as aforesaid, in that General Assembly, cou'd not depart
from, did thereby consequentially Disclaim all Pretensions of Right
to those Fines, by Prerogative, and by accepting them for many
Years under the Continuance of that Act, did Acquiesce in the Right
of the People to dispose of 'em.
Resolved, That the Message from the Upper House, of the 24th
Instant, in the Part contending that the Emission of Four Thousand
and Fifteen Pounds Six Shillings, according to the Intention of the
Bill sent up by this House, as proposed to be amended (if an Amend-
ment were necessary) in such Manner as might be agreeable to that
House, for making that Emission as Current, of the same Value,
and on the same Footing, with the Paper Currency, now actually in
Circulation, to all Intents and Purposes, wou'd depreciate the Credit
of our Paper Currency, does not give any Answer to the Reasoning
of this House in their Message of 2ist Instant, but is rather a Repe-
tition of their Assertions in their former Message on that Head, and
consequently, that the sole Reason of their Refusal to pass that Bill,
must clearly appear to be the Appropriation of Ordinary Licence
Fines, as designed by the Bill.
Resolved, That the Part of the said Message from the Upper
House, endeavouring to shew the Lord Proprietary's Right to Ordi-
nary Licence Fines, by Prerogative, does not in the least shew, that
his Lordship, though he did Licence some few Persons in the In-
fancy and Ignorance of this Province, and at a Time when Preroga-
tive made large Encroachments on the Rights and Privileges of the
People, not only here, but even in our Mother Country (as may be
shewn by many Instances, wou'd Time now permit) ever received
any Thing by Way of Fine for those Licences; and it clearly appears,
even from the Words of his Lordship's Proclamation about that

L.H.J.
Liber No. 48
March 26
p. 92

Time (as recited in that Message) commanding all Ordinary-
Keepers that had taken Licences to come and renew the same, that

P. 93



 
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Proceedings and Acts of the General Assembly, 1755-1756
Volume 52, Page 103   View pdf image (33K)
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