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ths Act teen ] n , nc i rec ] anc j forty-eight, until the full End and Term of Five
Years.

Chapter III An Act to remedy some Proceedings in the Court of Charles County,
and to prevent the Removal of the Records from the Public
Offices.

Preamble Whereas a Fire broke out suddenly, in the House of Mr. Edmund
Porteus, Clerk of Charles County Court, on the Sixteenth Day of
December last past, and raged so violently, that notwithstanding
the utmost endeavours, the said House, together with several orig-
inal Papers in Causes depending in the Courts held in the Months
of June, August and November, were consumed : And whereas there



Acts. 639

may be an obstruction to Justice in the said several Causes, without SessionLaws
the aid of the Legislature;

Be it therefore Enacted by the Right Honourable the Lord Pro- The Chief
prietary, by and with the Advice and Consent of his Lordship's j^charks'
Governor, and the Upper and Lower Houses of Assembly, and the County to
Authority of the same, That the Chief Justice of the said County q^^*"
Court, the Sheriff of the said County, and the several Attorneys Docketts
practising in the same, shall, and they are hereby directed and re-
quired to deliver up to the aforesaid Edmund Porteus, Clerk of the
said County, their several and respective Docketts for the aforesaid
Courts of June, August and November last, by the said Clerk, nr p. 38
his sworn Deputy, made out and delivered to them respectively, for
their respective uses, at the said several County Courts.

And be it Enacted by the Authority aforesaid, That the said Directions
Clerk shall and may in all such Proceedings and Causes, whether f ch ar i es
Criminal or Civil, as shall appear from any or either of such Dock- County in
etts, where no Execution hath been issued therein, and where Execu- up e ^ ing
tion hath been issued therein, then from such Execution to have Records
been at either of the said County Courts finished and brought to
Judgment, or other end or determination, make out and enter up
among the Records of the said County, a minute, abstract or abridg-
ment of such Proceedings so determined in such manner, and with
such Judgment, End, or other Determination, as shall from the
major Part of the said Docketts, and the Justices, Sheriff's and
Attorneys Minutes and Entries thereon, and from such Executions
as are already issued, or such Judgments, Ends, or other Determi-
nations respectively (always giving the preference to such Execu-
tions already issued in such points as shall respectively appear upon
the same) appear to have been the Judgment, End, or other Deter-
minations, of such Cases respectively.

And be it further Enacted by the Authority, Advice and Consent in difficult

aforesaid, That all and every the Executions, and other judicial f ase . s the

Justices to
Process, whether grounded upon any Judgment or Determination advise

made or obtained in any of the said Three Courts, or in any former
Court, and which Execution or other judicial Process has been re-
turnable and returned to either of the said Three Courts, and all
and every of the Acts and Proceedings of the Justices, the Sheriff,
or the Clerk, of the said County, in either of the said Three Courts,
by virtue and in pursuance of such Executions or other judicial
Process, shall be ascertained, entered and made up in like manner.
And be it further Enacted by the Authority, Advice and Consent
aforesaid. That in case of any uncertainty or other difficulty to the
said Clerk, in the making such abstract, minute, or abridgment, he
shall, and is hereby required and directed to, apply to the Justices of
the said County at any future sitting in Court, for their assistance
and direction therein, and they are hereby required and authorized
to give the same.



640 Assembly Proceedings, May 16-July 11, 1747.

Session Laws And be it further Enacted by the Authority aforesaid, That such
Abstract, Minute or Abridgment, so as aforesaid by the said Clerk
entered, and all Executions and other Process already issued, or to
be issued, and all Acts and Proceedings in pursuance and by virtue
thereof, shall be, and shall be deemed, construed, and taken to be,
as good, valid and effectual, to all intents and purposes whatsoever,
as if the Judgments, Ends, or other Determinations of the same
respective Executions and other judicial Process had been regularly
entered up, or were now actually remaining or filed among the
Records and Proceedings of the said County in usual form; any
Law, Usage or Custom to the contrary in any wise notwithstanding.

And be it further Enacted, by and with the Authority, Advice and
Consent aforesaid, That all such Cases as were not determined in
any of the said Courts of June, August or November, shall and may
be heard and determined, and the Justices of the said County for the
Time being are hereby authorized and impowered, to hear, adjudge
of, and determine the same, either in a Summary way by the best
Evidence the nature of each case will admit of, or by Bill filed on
the Equity side of such County Court, as to the Plaintiffs in such
Suits or Actions shall seem meet : And for that purpose, the said
County Court is hereby also authorized and impowered as a Court
of Equity, to hold Plea of such Sums so as aforesaid heretofore Sued
or Prosecuted, to any amount not exceeding the Jurisdiction of the
Law side thereof, and that such Hearing and Determination, either
in a summary manner, or in Equity as aforesaid, and all Entries and
Records thereof, and all Executions and Process thereon, shall be
as good, valid and effectual, to all intents and purposes whatsoever,
as if the same had been heard, adjudged, determined and entered in
usual Form; any Law, Usage, or Custom to the contrary notwith-
standing.

And be it further Enacted, by and with the Authority, Advice and
Consent aforesaid, That the continuances of all such Cases as were
p. 39 not determined in any of the said Courts of June, August and
November, shall and may by and with the Consent and Direction
of the Justices of the said County in Court sitting, be entered upon
Record, from June, August and November Court aforesaid, as the
case shall happen, from Court to Court, until March Court now
next ensuing for the said County inclusive, and no longer; any Law,
Usage or Custom to the contrary notwithstanding,

Provided always, That nothing herein before contained shall ex-
tend, or be construed to extend, to supply or make good any other
defect or irregularity than what hath necessarily followed from the

The Public Accident of the Fire as aforesaid.
Records not »«..., -r^

to be re- And be it further Enacted, by and with the Authority, Advice

"t^VbT and Conserit aforesaid. That for the future no Clerk or Register
Offices within this Province (except Parish Registers) shall at any Time



Acts. 641

hereafter, take, remove, or carry out of their respective Public Offices SessionLaws
or cause or suffer any Person or Persons to take, remove, or carry
out of their respective Public Offices, any Books, Papers, or other
Records, to their own Houses, or to any other Place upon any Pre-
tence whatsoever, and the same so keep, or cause or suffer to be kept
out of their respective Public Offices, at any Time between the Hours
of Eleven at Night and Six in the Morning, under Penalty of Ten Penalty
Pounds Current Money for every offence, one Moiety thereof to
the Informer, or to him or her that shall sue for the same, the other
Moiety to be applied to the use of the School of the County wherein
the Offence shall be committed, to be recovered in any Court of
Record in this Province, by Action of Debt, Bill of Indictment,
Plaint or Information, wherein no Essoyn, Protection or Wager of
Law, or more than one Imparlance, shall be allowed.

Provided always, That all Actions or Prosecutions in virtue of
this Act, shall be commenced within Six Months next after the
offence shall be committed.

An Act to prohibit the raising of Swine and Geese in Princess-Anne Chapter V
Town in Somerset County.

Whereas the raising of Swine and Geese in Princess-Anne Town, Preamble
in Somerset County, is greatly complained of, as being prejudicial
to the Inhabitants thereof. For prevention whereof,

Be it Enacted by the Right Honourable the Lord Proprietary, by p. 40
and with the Advice and Consent of his Lordship's Governor, and No Geese or
the Upper and Lower Houses of Assembly, and the Authority of kept in
the same, That no Person or Persons whatsoever, living or to live Princess-
within the same Town, shall after the End of this Session of As- excep t in
sembly, under any pretence whatsoever, keep or support within the Inclosures
same Town, any Swine or Geese belonging to themselves, or any
other Person, unless such Swine or Geese be kept within such Person
or Person's own Inclosure so keeping or supporting such Swine or
Geese ; and that any Person or Persons that shall be convicted before
any Magistrate, on Confession or Proof of Offending contrary to
this Act, shall pay Ten Shillings Current Money for each Offence,
to be levied on the Body, Goods or Chatties of the Offender, by way
of Execution, as in the case of small Debts, and to be applied to the
use of the County School aforesaid ; any Law, Usage, or Custom,
to the contrary notwithstanding.

An Act to prohibit the raising of Swine and Geese in the Town of Chapter VI
Oxford in Talbot County.

Whereas the raising of Swine and Geese in Oxford Town, in Preamble
Talbot County, is greatly complained of, as being prejudicial to the
Inhabitants thereof. For prevention whereof.

41



642 Assembly Proceedings, May 16-July 11, 1747.

Session Laws Be it Enacted by the Right Honourable the Lord Proprietary, by
Swfauto be anc * w '*k t ^ ie -Advice and Consent of his Lordship's Governor, and
kept in Ox- the Upper and Lower Houses of Assembly, and the Authority of the

ford except same That no Person or Persons whatsoever, living- or to live within
in incio- &

sures the same Town, shall after the End of this Session of Assembly,

P-4° under any pretence whatsoever, keep or support within the same

Town, any Swine or Geese belonging to themselves, or any other

Person, unless such Swine or Geese be kept within such Person or

Person's own Inclosure so keeping or supporting such Swine or

Geese, and that any Person or Persons that shall be convicted before

any Magistrate, on Confession or Proof of offending contrary to

this Act, shall pay Ten Shillings Current Money for each Offence,

to be levied on the Body, Goods or Chattels of the Offender, by way

of Execution, as in the case of small Debts, and to be applied to the

use of the County School aforesaid; any Law, Usage, or Custom,

to the contrary notwithstanding.

Chapter VII A supplementary Act to the Act entituled, An Act for laying out
the Town a-new commonly called Snow-hill Town, in Somerset
County.

Preamble Whereas, by the Act entituled, An Act for laying out the Town
a-new commonly called Snow-hill Town, in Somerset County, the
Commissioners mentioned in the above recited Act, or the major
Part of them, were therebv required and impowered to nominate
and appoint some sufficient and skilful Person to be their Clerk, who
should make a fair Record and Entry of all the Proceedings of the
said Commissioners, in a sufficient Book to be provided for that
purpose, to whom the Surveyor should be obliged to deliver a fair
Plat of the said Lots to be surveyed as aforesaid, which Clerk, and
his Successors, should transmit to the Clerk of Somerset County,
the whole Proceedings of the said Commissioners, together with
the said Plat, to be lodged amongst the County Records, which Pro-
ceedings, the Clerk of Somerset County was, by the said recited Act,
obliged to take care of; And forasmuch as by the late Division of
the said County, the said Snow-hill Town is taken into Worcester
County, which would make it very inconvenient for the Owners and
Possessors of the Lots in the said Town, to resort to the Clerk of
Somerset County, in making the necessary Searches of the Proceed-
ings of the said Commissioners, should the Clerk of the said Town
return the Proceedings of the said Commissioners, together with
The Clerk the Record Book and Plat of the said Town, to the Clerk of Somer-

of Snow hill set County Court to be by him there kept.

transmit Be it therefore Enacted, by the Right Honourable the Lord Pro-

the Proceed- p r j e tary, by and with the Advice and Consent of his Lordship's Gov-

Clerk of ernor. and the Upper and Lower Houses of Assembly, and the

Worcester Authority of the same, That the Clerk of the said Commissioners,






Acts. 643

and his Successors, shall transmit to the Clerk of Worcester County Session Laws
Court, the whole Proceedings of the said Commissioners, together
with the Record Book and Plat of the said Town, to be lodged
amongst the Records of the said County, which Proceedings the
Clerk of Worcester County is hereby required to take charge of.

And be it further Enacted, by the Authority aforesaid, That the The Com-
Commissioners aforesaid shall, and are hereby impowered and re- t0 sett ] e tlie
quired to ascertain what Fee or Fees the said Clerk shall have, for Clerks Fees
entering the Proceedings of them the said Commissioners, and the
several Services by the said recited Act by him directed to be done,
and transmit the same under their Hands, or the Hands of the major
Part of them, to the Justices of Worcester County Court, in the same
manner and for the same purposes as by the said recited Act they
are required to transmit to the Justices of Somerset County Court,
which said Justices of Worcester County Court are hereby im-
powered and required to tax and assess the same in the County Levy
which shall be next laid after such Transmission ; any thing in the
above recited Act to the contrary notwithstanding.

And be it Enacted by the Advice and Consent aforesaid, That no No Geese or
Person or Persons whatsoever, living: or to live within the same Swine ex_

<T* 1 11 r 1 t- 1 /■ 1 • r» r A 11 Cept, &C. tO

lown, shall, after the Lnd of this present Session of Assembly, be kept in
under any pretence whatsoever, keep or support within the same said Town
Town, any Swine or Geese belonging to themselves or any other
Person whatsoever, unless such Swine or Geese be kept within such
Person or Person's own Inclosure so keeping or supporting such p. 41
Swine or Geese, under the Penalty of Ten Shillings Current Money
for each Transgression, to be recovered before any Magistrate, as
in the case of small Debts, for the use of the said County School.

An Act impowering the Vestry-men and Church-wardens of All Giapter IK
Saints Parish in Prince-George's County, or of the County wherein
the said Parish shall be, to purchase Three separate Acres of Land
in the said Parish, whereon to Build a Church and two Chapels
of ease ; and to impower the Justices of Prince-George : s County,
or of the County wherein the said Parish shall be, to levy on the
Taxable Inhabitants of the said Parish, the Sum of Three Hun-
dred Pounds Current Money, for the uses therein mentioned.

Whereas the Vestry-men and Church-wardens of All Saints Par- Preamble
ish in Prince George's County, have, by their humble Petition to
this General Assembly, set forth, That they have no Place of Wor-
ship to meet together in, for the Service of Almighty GOD, for want
whereof they are very little benefited by having an established Minis-
ter, That they have agreed to Build a Parish Church at Frederick-
Town, on Carroll's Creek as the most fit Place for the same, and
Pray that the Sum of two Hundred Pounds Current Money, may
be raised and levied on the taxable Inhabitants of said Parish, by two
equal Assessments, towards Building the same : And by their said



644 Assembly Proceedings, May 16-July II, 1747.

SessionLaws Petition, further set forth, that the said Parish is so large, and lies
so inconvenient, that a vast many of the Inhabitants thereof cannot
possibly come to the Parish Church when Erected as aforesaid, and
therefore pray that a further Sum of Fifty Pounds Current Money,
may be also raised and levied as aforesaid, and applied towards
Building a Chapel already begun, standing between Monoccasy and
Seneca Creek; and that the like Sum of Fifty Pounds may be also
raised, levied and applied, towards erecting one other Chapel at some
Place between Anti-eatum and Connogocheague ; and that the said
Two Chapels may be adopted Chapels of Ease in said Parish for
Ever: All which being by this present General Assembly, thought
reasonable ; It is humbly prayed that it may be Enacted,

Vestry of all And be it Enacted by the Right Honourable the Lord Proprie-
Saints t ar y ) by an d w ith the Advice and Consent of his Lordship's Gover-
purchase 3 nor, and the Upper and Lower Houses of Assembly, and the Au-
^ cr " of thority of the same, That the Vestrymen and Church-wardens of
on to build All-Saints Parish, in Prince-George's County aforesaid, or the major
one Church p ar f f them, and are hereby, authorized and impowered, to agree
Chapels Ior » an< l purchase. Three Acres of Land, at the most convenient
Places in the said Parish, for the erecting a Parish Church, and Two
Chapels of Ease, for the use and benefit of the Parishioners afore-
said, which said Church, and Chapels of Ease so to be Built thereon,
shall be, and are hereby constituted and deemed, a Church, and
Chapels of Ease, of the said Parish, and shall for ever hereafter be
respectively supported and repaired at the Charge of the said Parish.
300 /. to be And be it further Enacted, That the Justices of Prince-George's
levied for c oun ty Court aforesaid, or of the County wherein the said Parish
shall be, shall and may, and they are hereby authorized and directed,
on the application of the Vestry-men and Church-wardens of the
aforesaid Parish, to assess and levy by two even and equal Assess-
ments, on the taxable Inhabitants of the same Parish, the sum of
Three Hundred Pounds Current Money, to be paid by the Parish-
ioners by the Tenth Day of April yearly, which said Assessments
so to be levied, shall be collected by the Sheriff of Prince-George's
County, or of the County wherein the said Parish shall be, for the
Time being, who is hereby authorized and required to collect the
same, and shall have for such Collection after the rate of Five per
Centum, and the said Money, when so collected, shall be paid to the
Vestry-men and Church-wardens aforesaid, who are hereby author-
ized and required to apply the same to the uses aforesaid, in such
manner as to them shall seem meet.

Chapter XI An Act continuing an Act, entituled, An Act to prevent cutting up

Tobacco-Plants, destroying of Tobacco and Tobacco-Houses, and

for ascertaining the Punishment of Criminals guilty of the said

Offences.

Continua- Be it Enacted, by the Right Honourable the Lord Proprietary, by

A rt and with the Advice and Consent of his Lordship's Governor, and



Acts. 645

the Upper and Lower Houses of Assembly, and the Authority of SessionLaws
the same, That the above-mentioned Act, entituled, An Act to pre-
vent cutting up Tobacco-Plants, destroying of Tobacco and Tobacco-
Houses, and for ascertaining the Punishment of Criminals guilty
of the said Offences, made at a Session of Assembly begun and held
at the City of Annapolis, the first Day of May, Anno Domini, One
thousand seven hundred forty and four, be, and is hereby, Continued,
and shall remain and be in full Force for and during the Term of
Three Years next ensuing, and to the End of the next Session of
Assembly which shall happen after the End of the said Three Years.

An Act continuing an Act, entituled, An Act for Punishment of Chapter XII
Horse-Stealers, and other Offenders.

Be it Enacted, by the Right Honourable the Lord Proprietary, by Continua-
and with the Advice and Consent of his Lordship's Governor, and l ^°" an
the Upper and Lower Houses of Assembly, and the Authority of
the same, That the above mentioned Act, entituled, An Act for Pun-
ishment of Horse-Stealers, and other Offenders, made at a Session
of Assembly, begun and held at the City of Annapolis, the first Day
of May, Anno Domini, One thousand seven hundred forty and four,
be, and is hereby Continued, and shall remain and be in full Force
for and during the Term of Three Years next ensuing, and to the
End of the next Session of Assembly which shall happen after the
End of the said three Years.

An Act continuing an Act, entituled, An Act to prevent the Injuring Chapter
of Harbours within this Province, and for repealing the Act
therein mentioned.

Be it Enacted, by the Right Honourable the Lord Proprietary, by Continua-
and with the Advice and Consent of his Lordship's Governor, and ^°" an
the Upper and Lower Houses of Assembly, and the Authority of
the same, That the above mentioned Act, entituled An Act to prevent
the Injuring of Harbours within this Province, and for repealing
the Act therein mentioned, made at a Session of Assembly, begnn
and held at the City of Annapolis, the Twentieth Day of March,
Anno Domini, One thousand seven hundred and thirty four, be, and
is hereby Continued, and shall remain and be in full force for Ever.

An Act continuing an Act of Assembly of this Province, entituled, Chapter
An Act for the more effectual Punishment of certain Offenders,
and for taking from them the Benefit of Clergy.

Be it Enacted, by the Right Honourable the Lord Proprietary, by Continua-
and with the Advice and Consent of his Lordship's Governor, and Uon oi an
the Upper and Lower Houses of Assembly, and the Authority of
the same, That the above mentioned Act, entituled. An Act for the



646 Assembly Proceedings, May i6-Jit!y II, 1747.

SessionLaws more effectual Punishment of certain Offenders, and for taking- from
them the Benefit of Clergy, made at a Session of Assembly, begun
and held at the City of Annapolis, the Twenty sixth Day of April,
Seventeen hundred thirty and seven, be, and is hereby Continued,
and shall remain and be in full Force for and during the Term of
Three Years next ensuing, and to the End of the next Session of
Assembly which shall happen after the End of the said three Years.

P-43 An Act continuing an Act, entituled, A Supplementary Act to an

3 XV Act, entituled, An Act laying an Imposition on Negroes, and

several sorts of Liquors Imported, and also on Irish Servants, to

prevent the Importing too great a Number of Irish Papists into

this Province.

Continua- B e jt Enacted, by the Right Honourable the Lord Proprietary,
° Act by and with the Advice and Consent of his Lordship's Governor,
and the Upper and Lower Houses of Assembly, and the Authority
of the same, That the above mentioned Act, entituled, A Supplemen-
tary Act to an Act, entituled, An Act laying an Imposition on Ne-
groes, and several sorts of Liquors Imported, and also on Irish
Servants, to prevent the Importing too great a Number of Irish
Papists into this Province, made at a Session of Assembly, begun
and held at the City of Annapolis, the Twentieth Day of March,
Anno Domini, One thousand seven hundred and thirty four, be, and
is hereby Continued, and shall remain and be in full Force for and
during the Term of three Years next Ensuing, and to the End of
the next Session of Assembly which shall happen after the End of
the said three Years.

Chapter An Act continuing an Act of Assembly of this Province, entituled,
XVI A Supplementary act to the Act, entituled, an Act for the more
effectual Punishment of Negroes and other Slaves, and for taking
away the Benefit of Clergy from certain Offenders, and to an Act,
entituled, An Act to prevent the tumultuous Meeting and other
Irregularities of Negroes and other Slaves, and directing the man-
ner of Trying Slaves.

Continua- Be it Enacted, by the Right Honourable the Lord Proprietary, by
tion o ^an an( j ^.j^ t j ie Advice and Consent of his Lordship's Governor, and
the Upper and Lower Houses of Assembly, and the Authority of
the same, That the above mentioned Act, entituled, An Act continu-
ing an Act of Assembly of this Province, entituled, A Supplementary
Act to the Act, entituled, An Act for the more effectual Punishment
of Negroes and other Slaves, and for taking away the Benefit of
Clergy from certain Offenders, and to an Act, entituled, An Act to
prevent the tumultuous Meeting and other Irregularities of Negroes
and other Slaves, and directing the manner of Trying Slaves, made



Acts. 647

at a Session of Assembly, begun and held at the City of Annapolis, SessionLaws



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.44) → online text (page 66 of 76)