<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-04-21</DATE>
<RESPSTMT>
<NAME>Pip Willcox</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>proofed text and revised markup</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="B04480">
<STC T="W">M895A</STC>
<BIBNO T="oclc">51784585</BIBNO>
<VID>174994</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P>ALL THE LAWS OF MARYLAND NOW IN. FORCE.</P>
<P><HI>ANNAPOLIS</HI> Printed by Order of the GENERAL ASSEMBLY <HI>By Thomas Reading, Anno Domini</HI> 1700.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<P>TO HIS EXCELLENCY COLONEL NATHANIEL BLAKISTON HIS MAJESTYS Capt' GENERAL And COMMANDER In Chief of this his PROVINCE OF MARYLAND The Lands I&s;lands and Territorys thereto belonging, AND VICE: ADMIRAL Of the &s;ame, This Undertaking of printing this Book of LAWS Is mo&s;t humbly Dedicated and Dvoteed By His EXCELLENCYS Mo&s;t Obedient and Faithful Humble Servant <HI>WILLIAM BLADEN.</HI></P>
</DIV1>
<DIV1 TYPE="prefatory letter">
<PB REF="2">
<HEAD>To my Honoured and Ingenious Friend Mr. <HI>William Bladen</HI> at the Port of <HI>Annapolis.</HI></HEAD>
<OPENER><SALUTE>Sir,</SALUTE></OPENER>
<P>IT is certainly an argument of a mo&s;t ingenious Minde as well as good Will to the Commonwealth, where a Man finds ways to advance his own intere&s;t and the pub|li ks together, which I doubt not but wi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> be effectually done by your happy undertake|ing of the printing and publi&s;hing the Laws of this Province, whereby the whole Body of them now in force will be to be had at &s;o rea&s;onable a rate that &s;carce a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">at are willing but may have them, and as it is a laudable principle for every Man to make him&s;elf acquainted with the Laws of the Country he <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ves i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, &s;o it is very danger us to be ignorant of them, by rea&s;on of that maxim that <HI>Ignorance of the Law <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l not excu&s;e,</HI> which though it may &s;eem a har&s;h maxim at fir&s;t ight, yet when throughly un|der&s;tood is mo&s;t ju&s;t and rea&s;onable, encouraging Men thereby to attain the knowledge of the Laws under which they live, and that by the two greate&s;t &s;prings of human na|ture hope and fear, hope of knowledge and under&s;tanding the nature and con&s;titution of the government they live in, which is in the mo&s;t lively manner di&s;covered by the laws of the Country, and fear of being puni&s;hed for the breach of any of them, that through a willful ignorance they know not: this maxim will appear more bea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tiful when compa|red with its contrary, for if ignorance of the Law &s;hould excu&s;e, then the more igno|rant the more &s;afe, and none could be puni&s;hed by the law but them that know it, &s;o that knowledge would be a dangerous thing, and yet it is the experience of all ages that the more knowledge people have (which is to be more wi&s;e) they are the happier in their government and con&s;titution: But this is but in general, this worthy under<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">|ing as I conceive of i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> is pregnant, with many great benefits to the Province in particu|lar, taking this to be granted (which I believe will hardly be denied) that very few Gentlemen of this Province, may not all the Ju&s;tices of the Provincial and County Courts have yet had the Body of the Laws by them &s;o as to read, meditate and dige&s;t them, without which it is impo&s;&s;ible rightly to know them, for indeed they were not to be had hat at a great charge and difficult to be got at any co&s;t, and then but in a writ|ten hand.</P>
<P>I &s;ay &s;uppo&s;ing this, and now that the plain print and ea&s;y price will remove the for|mer difficultys it cannot I think be doubted but that all the Ju&s;tices of the Provincial and County Courts will have them in their Studies for the rea&s;ons afore&s;aid, and the better to enable them to give a right judgment of tho&s;e laws when pleaded befor'em, and next to them, all other Officers of what nature &s;oever and others. and then</P>
<P N="1"><HI>1&s;t.</HI> In the fir&s;t place it mu&s;t needs prevent many tedious and chargeable Actions that Men involve them&s;elves in by ignorance, for the law will <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">iru<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> them what to do and what to avoid, and it will prevent cunning all Men from impo&s;ing on their Neigh|bours becau&s;e their Neighbours will know the law as well as them&s;elves, and that will make Men more pe<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eeble, better Neighbours, and ea&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er to the Courts of Ju&s;tice.</P>
<P><HI>Secondly,</HI> As it will prevent actions and injurys among private per&s;ons, &s;o it will in&s;truct the &s;everal Officers of Courts their duty, which will prevent many mis<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ances in their Offices daily committed through ignorance, and which give great delays to the Courts, now the &s;everal Officers ready di&s;charge of their dutys will be a furtherance to the bu&s;ine&s;s of the Court</P>
<P><HI>Thirdly,</HI> The Ju&s;tices perfect knowledge of the laws will be a great means to faci|litate the tryal of every &s;uch cau&s;e, and prevent the turning over Books to find out the laws, when they &s;hall know at fir&s;t mentioning what the law is and how it &s;tands related to other laws, and be able to direct the tryal by their own knowledge, and di&s;tingui&s;h on the different Arguments of each Party which will be a happyne&s;s no le&s;s to them&s;elves then the Suitors.</P>
<P><HI>Fourthly,</HI> The grand and petty Jurys al&s;o being acquainted and knowing the laws will more readily and aptly di&s;charge their &s;everal offices, more might be enumerated but if all the&s;e benefits, nay if but &s;ome of them an&s;wer expectation it will be a con|&s;iderable advantage to the Province.</P>
<P>You can not but expect &s;ome who will cen&s;ure and be ready to condemn both the un|dertaking and the rea&s;ons for it, &s;uch (I mean) who know no other way to rai&s;e their <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> acter then by finding fault with and condemning other Mens actions, but that <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ld not di&s;courage any one from pro&s;ecuting a good de&s;ign, which all good Men will.</P>
</DIV1>
<DIV1 TYPE="index">
<PB REF="3">
<PB REF="3" MS="y">
<HEAD>THE INDEX</HEAD>
<LIST>
<HEAD>A</HEAD>
<ITEM><LIST>
<ITEM>ATtachments and Executions limitted <HI>&amp;c.</HI> <LABEL>Folio 7</LABEL></ITEM>
<ITEM>Ju<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ices, Sherri<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">lerks not to plead as Attorneys Fo: <LABEL>18</LABEL></ITEM>
<ITEM><HI>Annarandet and Oxford</HI> Towns and Ports <LABEL>16</LABEL></ITEM>
<ITEM>Admini rators and Executors &s;ecured from double payment of debts &amp; limitting the <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">e for payment of obligations <LABEL>50</LABEL></ITEM>
<ITEM>Amerciaments <LABEL>51</LABEL></ITEM>
<ITEM>Appears and <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ritts of Error <LABEL>53</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>B</HEAD>
<ITEM><LIST>
<ITEM>Special Fail to be taken in the Several Countys <LABEL>76</LABEL></ITEM>
<ITEM>Again&s;t Bla&s;phemy, Fornication, Swearing <HI>&amp;c.</HI> <LABEL>82</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>C</HEAD>
<ITEM><LIST>
<ITEM>Appointing Coroners <LABEL>9</LABEL></ITEM>
<ITEM>Coopers and Gauge of Hog&s;heads <LABEL>23</LABEL></ITEM>
<ITEM>Con<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">rming proceedings judicial <HI>&amp;c.</HI> between the death of Governour <HI>Copley</HI> and Governour <HI>Nichol&s;ons</HI> arrival <LABEL>24</LABEL></ITEM>
<ITEM>Countys to be divided <LABEL>32</LABEL></ITEM>
<ITEM>Church <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ands <LABEL>44</LABEL></ITEM>
<ITEM>Court <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Lands <LABEL>44</LABEL></ITEM>
<ITEM>Cool Springs <LABEL>47</LABEL></ITEM>
<ITEM>County Courts admini&s;tration of ju&s;tice 49</ITEM>
<ITEM>Commi&s;&s;ioners of the County Coures to a&s;&s;e&s;s their inhabitants for the nece&s;&s;ary charge of their County <LABEL>50</LABEL></ITEM>
<ITEM>Criminals Fees <LABEL>83</LABEL></ITEM>
<ITEM>Commi&s;&s;arys Office Wills Admini&s;trations <HI>&amp;c.</HI> <LABEL>87</LABEL></ITEM>
<ITEM>Criminals how to be tryed and puni&s;hed <LABEL><ADD>113</ADD></LABEL></ITEM>
<ITEM>Additional Act touching Coopers <LABEL><ADD><GAP DESC="illegible" EXTENT="3 letters"></ADD></LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>D</HEAD>
<ITEM><LIST>
<ITEM>For electing Delegates <LABEL>16</LABEL></ITEM>
<ITEM>For appin<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ing Court Days <LABEL>19</LABEL></ITEM>
<ITEM>Divi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">on of <HI>Aan-Arundel and Baltemore Countys</HI> <LABEL>46</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>E</HEAD>
<ITEM><LIST>
<ITEM>Evidence to prove foreign debts <LABEL>1</LABEL></ITEM>
<ITEM>Errors in Law <HI>&amp;c.</HI> occa oned by the late Revolution <LABEL>5</LABEL></ITEM>
<ITEM>Again&s;t Extortion of S<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">riffs and deputy Commi&s;&s;arys <LABEL>50</LABEL></ITEM>
<ITEM>Executions <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ay<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> after the tenth of <HI>April</HI> <LABEL>51</LABEL></ITEM>
<ITEM>Enrolling Conveyances <HI>&amp;c.</HI> <LABEL>93</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>F</HEAD>
<ITEM><LIST>
<ITEM>Convicted Felons <LABEL>19</LABEL></ITEM>
<ITEM>Free&s;chools <LABEL>39</LABEL></ITEM>
<ITEM>Height of Fences again&s;t burners thereof, and the multiplicity of Hor&s;es <LABEL>57</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>G H</HEAD>
<ITEM><LIST>
<ITEM>Harbours pre&s;erved <LABEL>14</LABEL></ITEM>
<ITEM>Marking High Ways <LABEL>56</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>I</HEAD>
<ITEM><LIST>
<ITEM>Ingro&s;&s;ers and Regraters <LABEL>6</LABEL></ITEM>
<ITEM>Concerning Indians <LABEL>7</LABEL></ITEM>
<ITEM>Impo&s;t on &s;everal commoditys exported <LABEL>34</LABEL></ITEM>
<ITEM>Speedy Ju&s;tice and Incouragement of Trade <LABEL>37</LABEL></ITEM>
<ITEM>Again&s;t Trade with the Indians for fle&s;h <HI>&amp;c.</HI> <LABEL>49</LABEL></ITEM>
<ITEM>Impo&s;t for defraying the publick charge <LABEL>67</LABEL></ITEM>
<ITEM>Speedy Ju&s;tice for &s;mall debts <LABEL>69</LABEL></ITEM>
<ITEM>Prohibiting liquors to be carried to the Indian Towns <LABEL>75</LABEL></ITEM>
<ITEM>For &s;ummoning grand and petty Jurys <LABEL>75</LABEL></ITEM>
<ITEM>For quietting differences between the Engli&s;h and Indians <LABEL><GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"></LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>K L</HEAD>
<ITEM><PB REF="4">
<LIST>
<ITEM>Limittation of Actions <LABEL>4</LABEL></ITEM>
<ITEM>Laws to be publi&s;hed <LABEL>5</LABEL></ITEM>
<ITEM>All former Laws Repealed others confirmed <LABEL>18</LABEL></ITEM>
<ITEM>All Laws Repealed and the<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s confirmed <LABEL>34</LABEL></ITEM>
<ITEM>For the &s;peedy conveying publick Letters <LABEL>55</LABEL></ITEM>
<ITEM>The Land <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aw <LABEL>60</LABEL></ITEM>
<ITEM>All Laws to be Recorded <HI>&amp;c.</HI> <LABEL>78</LABEL></ITEM>
<ITEM><GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">arochia<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">brarys <LABEL>81</LABEL></ITEM>
<ITEM>Some Temporary Laws Revived <LABEL>116</LABEL></ITEM>
<ITEM>Certain Laws repealed others confirmed <LABEL>117</LABEL></ITEM>
<ITEM>Leavy to be laid by a Committee <LABEL>119</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>M</HEAD>
<ITEM><LIST>
<ITEM>Marriages to be publi&s;hed <LABEL>20</LABEL></ITEM>
<ITEM>M<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">a Regulated <LABEL>99</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>N</HEAD>
<ITEM><LIST>
<ITEM>Incouraging the importation of Negro's <LABEL>2</LABEL></ITEM>
<ITEM>Natives advanced and learning incouraged <LABEL>21</LABEL></ITEM>
<ITEM>Naval Officers Fees a&s;certained <LABEL>28</LABEL></ITEM>
<ITEM>Naturalization Fees a&s;certained <LABEL>32</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>O</HEAD>
<ITEM><LIST>
<ITEM>Appointing Officers <LABEL>10</LABEL></ITEM>
<ITEM>O<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">marys <LABEL>79</LABEL></ITEM>
<ITEM>Officers Fees <LABEL>104</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM><LIST>
<ITEM>Qui<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">cing Po&s;&s;e&s;&s;ions <LABEL>18</LABEL></ITEM>
<ITEM>Additional Act for quieting Po&s;&s;e&s;&s;ions <LABEL>30</LABEL></ITEM>
<ITEM>Additional Act to the Act for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">orts <LABEL>31</LABEL></ITEM>
<ITEM>Damage on <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rote ed Bills of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">xchange <LABEL>50</LABEL></ITEM>
<ITEM>Privateers and yeares puni&s;hed <LABEL>102</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>Q R</HEAD>
<ITEM><LIST>
<ITEM>Of Recognition <LABEL>1</LABEL></ITEM>
<ITEM>Rights of &s;everal per&s;ons &s;ecured <LABEL>3</LABEL></ITEM>
<ITEM>Revennue to the Governour <LABEL>12</LABEL></ITEM>
<ITEM>Revennue or three pence <HI>per</HI> hog head to the Governour <LABEL>59</LABEL></ITEM>
<ITEM>Religion <LABEL>109</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>S</HEAD>
<ITEM><LIST>
<ITEM>Subbornation and Perjury <LABEL>11</LABEL></ITEM>
<ITEM>Standard with weights and mea&s;ures <LABEL>14</LABEL></ITEM>
<ITEM>Sallary of Delegates and ju&s;tices of Provincial and County Courts <LABEL>26</LABEL></ITEM>
<ITEM>Sunday to be kept Holy <LABEL>38</LABEL></ITEM>
<ITEM>Sherriffs Office <LABEL>71</LABEL></ITEM>
<ITEM>Servants and slaves <LABEL>95</LABEL></ITEM>
<ITEM>Security of the Frontiers <LABEL>114</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>T</HEAD>
<ITEM><LIST>
<ITEM>Tobacco &s;eized and received by the Sherriffs and others <LABEL>9</LABEL></ITEM>
<ITEM>Again&s;t tran&s;porting or conveying away per&s;ons without pa&s;&s;es <LABEL>22</LABEL></ITEM>
<ITEM>Town Lands <LABEL>36</LABEL></ITEM>
<ITEM>Li&s;t of Taxables <HI>&amp;c.</HI> <LABEL>77</LABEL></ITEM>
<ITEM>Tobacco received by Merchants and others how to be &s;ecured <LABEL>78</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>U</HEAD>
<ITEM><LIST>
<ITEM>Again&s;t U&s;ury <LABEL>15</LABEL></ITEM>
<ITEM>Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rv<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">en to a&s;&s;e&s;s their Pari&s;honers <LABEL>52</LABEL></ITEM>
<ITEM>Again&s;t vexations &s;uits, proving of debts and pleading di&s;count <LABEL>84</LABEL></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<HEAD>W</HEAD>
<ITEM><LIST>
<ITEM>Wolves <LABEL>58</LABEL></ITEM>
<ITEM>Watermills. <LABEL>85</LABEL></ITEM>
</LIST></ITEM>
</LIST>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="1692" TYPE="session">
<PB N="1" REF="4">
<OPENER><DATELINE>MARYLAND &s;&s;.</DATELINE></OPENER>
<P>At a Se&s;&s;ion of A&s;&s;embly begun and held at the City of St <HI>Mary's</HI> in the<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Maje&s;ty's Province of <HI>MARYLAND</HI> the 10th. Day of <HI>May</HI> 1692, and in the Fourth Year of the Reign of our Sovereign Lord and Lady <HI>WILLIAM</HI> and <HI>MARY</HI> by the Grace of GOD of <HI>England Scotland France</HI> and <HI>Ireland</HI> King and Queen Defenders of the Faith <HI>&amp;c.</HI> His Excellency <HI>LYONEL COPLEY</HI> <ABBR>E&s;q</ABBR> being then Governour in Chief and Captain General, The&s;e fol|lowing Laws were Enacted, to the Honour and Glory of GOD and Welfare of this his Maje&s;ty's Province.</P>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>AN ACT OF RECOGNITION.</HEAD>
<P>WE Your Maje&s;ty's mo&s;t Humble and Loyal Subjects of this your Ma|je&s;ty's Province of <HI>Maryland,</HI> the Governour and General A&s;&s;embly, do Be&s;eech your Mo&s;t Excellent Maje&s;ty's that it may be publi&s;h'd and declar'd in this General A&s;&s;embly and Enacted by the Authority of the &s;ame, That We do Re|cognize and Acknowledge Your Maje&s;ty's are, and of Right ought to be by the Laws of the Realm of <HI>England</HI> our Sovereign Liege Lord and Lady King and Queen of <HI>England Scotland France</HI> and <HI>Ireland</HI> and the Dominions thereunto be|longing, in and to who&s;e Princely Per&s;ons the Royal E&s;tate, Crown and Dignity of the &s;aid Realms, with all Honours, Stiles, Titles, Regality's, Prerogatives, Powers, Juri&s;dictions, and Authority's to the &s;ame belonging and appertaining, are mo&s;t Fully Rightfully and Intirely Inve&s;ted and Incorporated United and Annexed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act providing what &s;hall be good Evidence to prove Foreign Debts.</HEAD>
<P>WHEREAS divers People of the Kingdom of <HI>England</HI> and other places, have in their Hands Bonds of divers and &s;undry Per&s;ons now re&s;iding in this Province, and &s;end them to certain Attorneys to be put in Suit again&s;t the &s;aid Debtors here, which for want of a Law to explain, and a&s;certain what &s;hall be &s;ufficient proof and Evidence for the proving the &s;aid Bonds to be the Act and Deed of the Debtors, and by them to be &s;eal'd and deliver'd, neither is there any way for the Debtors to di&s;charge them&s;elves of the &s;ame if they have &s;atisfied the &s;ame, as by bringing the Creditor upon his Oath, to declare and &s;et forth if he hath received the &s;aid Debts or any part thereof, or whether there be not any Ac|counts between the Creditor and Debtor whereby he may di&s;count the &s;ame, or to prove his Relea&s;es; the Witne&s;&s;es living remote, and impo&s;&s;ible to bring them <HI>viva voce</HI> to give their Te&s;timony therein, which thing proves oftentimes very prejudicial to both Parties, to prevent which, and to give Redre&s;s therein for the future, BE IT ENACTED by the King and Queen's mo&s;t Excellent Ma|je&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all Debts of Record, whether by Judgment, Re|cognizance, Deed Enroled and upon Record, the Exemplification thereof under the Seal of the County's where the &s;aid Judgment was given, or the &s;aid Judgment was Recorded, &s;hall be a &s;ufficient Evidence to prove the &s;ame. And that all o|ther Debts by Bonds, Bills, Accounts or otherwi&s;e, that &s;hall from and after the publication hereof be &s;ent hither to be put in Suit again&s;t any Per&s;on what&s;oever, living or re&s;iding within this Province &s;hall be proved by the Oaths of the Wit|ne&s;&s;es thereunto, by a Notary Publick or other Officer Lawfully Authorized there unto of the County <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Pl<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> where<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> ever it &s;hall happen the &s;aid Bonds or Bills
<PB N="2" REF="5">&s;hall be &s;ent from; at which time, and before which &s;aid Publick Notary or other publick Officer &s;hall be pre&s;ent the Creditors, who &s;hall then likewi&s;e before &s;uch Publick Notary or other publick Officer of the place &s;o Authorized upon his Cor|poral Oath declare that the &s;aid Debt or any part thereof is not &s;atisfied, or that there is not any Accounts between the &s;aid Creditor and Debtor by which the &s;aid Creditor may be likewi&s;e indebted to the Debtor to the value of the &s;aid Debt, or any part thereof for any matter or thing accrewed &s;ince the time of the date of the &s;aid Bond Bill or In&s;trument, or whether the &s;aid Creditor hath not given to the &s;aid Debtor any Relea&s;e for the &s;ame, to be &s;ent together with the proofs under the Hands and Seals of the Publck Notary or other publick Officer thereunto appointed, which if the Creditor &s;hall refu&s;e or neglect to perform or do, then the &s;aid matter and thing by the &s;aid Publick Notary or other Officer &s;o by them certified as afore&s;aid, &s;hall not be received as Evidence to prove the &s;aid Debt. And if the &s;aid Creditor be dead, and his Executor or Admini&s;trator Sue &s;uch Bond, Bill, Account or otherwi&s;e Sue any Debtor for the &s;ame, the Executor and Admini&s;trator in like manner before &s;uch Notary Publick or other Officer for that purpo&s;e appointed, &s;hall &s;et forth and declare upon their Oath whether or no they have not heard the Creditor in his Life time acknowledge that Debt to be &s;a|tisfied, or whether or not upon fight of the Creditors Books, Writing, or Ac|counts, they have not &s;een Credit given to the Debtor &s;ince the Day of the make|ing of the &s;aid Bills, Bonds, or beginning of the Accounts &s;o Sued for, all which in like manner is to be certified by the publick Notary or other Officer thereunto appointed under his Hand and Seal to be &s;ent along to this Country, together with the Te&s;timony of the Witne&s;&s;es that have te&s;tified to the &s;aid Bonds, Bills, Accompts or otherwi&s;e, all which if the &s;aid Executor or Admini&s;trator refu&s;e or neglect to do, then the &s;aid matter and thing by the publick Notary or other Officer appointed as afore&s;aid certified &s;hall not be received in Evidence for valid again&s;t the Debtor. Provided though the proofs and Evidences are &s;ufficient that the Plantif obtain Judgment for the &s;aid Debt, no Execution &s;hall I&s;&s;ue forth a|gain&s;t the Defendant until the Original be given up, or delivered up to the De|fendant or his Attorney, or &s;ufficient and legal Relea&s;es in ca&s;e the Original be lo&s;t.</P>
<P>And Be it further Enacted that all and every the Attorney and Attorneys who &s;hall be imployed in the pro&s;ecution of &s;uch Suits, &s;hall put in &s;ecurity to pay the Defendant all &s;uch Co&s;ts and Charges as &s;hall be by the &s;aid Defendant in that ca&s;e expended, in ca&s;e the Plantif be ca&s;t in the Suit.</P>
<P>Provided likewi&s;e, That no Bill, Bond, Judgment, Recognizance, Statute, Mer|chant and of the Staple or other Specialty what&s;oever tho' proved and cerified as afore&s;aid &s;hall be good and pleadable, or admitted in Evidence again&s;t any Per|&s;on or Per&s;ons of this Province wherein the Debtor and Creditor are both dead, and the Debt, or Thing, or Action above Twelve Years &s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the Incouragement of the Importation of <HI>Negro's</HI> into this Province.</HEAD>
<P>WHEREAS Several of the good People of this Province have been di&s;couraged to Import into, or purcha&s;e within this Province any <HI>Negro's</HI> and other Slaves, and &s;uch as have imported or purcha&s;ed any &s;uch <HI>Negro's</HI> or Slaves, have to the great di&s;plea&s;ure of Allmighty God, and the prejudice of the Souls of tho&s;e poor People neglected to in&s;truct them in the Chri&s;tian Faith, or to induce or permit them to receive the holy Sacrament of Bapti&s;m for the Remi|&s;ion of their Sins upon a mi&s;take and ungrounded apprehen&s;ion, that by becom|ing Chri&s;tians, they and the I&s;&s;ue of their Bodies are actually manumitted, and made free and di&s;charged from their Servitude and Bondage.</P>
<P>BE IT DECLARED AND ENACTED by the King and Queens Mo&s;t Excellent Maje&s;ty's, by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That where any <HI>Negro</HI> or <HI>Ne|gro's,</HI> Slave or Slaves being in Servitude or Bondage, is or &s;hall become Chri&s;ti|an or Chri&s;tians, and have, or hath received, or &s;hall at any time receive the ho|ly Sacrament of Bapti&s;m, before or after his her or their importation into this Province, the &s;ame is not, nor &s;hall, or ought the &s;ame to be deemed, adjudged, con&s;trued, or taken to be, or amount unto a Manumition or Free, inlarging or
<PB N="3" REF="5">di&s;charging any &s;uch <HI>Negro</HI> or <HI>Negro's</HI> Slave or Slaves; or any of his her or their I&s;&s;ue or I&s;&s;ues, from his her or their or any of their Servitude or Servitudes, Bon|dage or Bondages; but that notwith&s;tanding becoming Chri&s;tian or Chri&s;tians, or receiving the holy Sacrament of Bapti&s;m, every &s;uch <HI>Negro</HI> or <HI>Negro's</HI> Slave and Slaves, and all and every the I&s;&s;ue and I&s;&s;ues of every &s;uck <HI>Negro</HI> and <HI>Negro's</HI> Slave and Slaves, is, are and be, and &s;hall at all times hereafter be adjudged, reputed, deemed, and taken to be and remain in Servitude and Bondage, and &s;ubject to the &s;ame Servitude and Bondage to all Intents and purpo&s;es, as if he &s;he or they or every or any of them was or were in, and &s;ubject to before &s;uch his her or their becoming Chri&s;tian or Chri&s;tians, or receiving the holy Sacrament of Bapti&s;m, any Opinion or Matter or Thing to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ecuring the Rights of &s;everal Per&s;ons.</HEAD>
<P>VVHEREAS many and frequent Complaints have been made by di|vers good People of this Province, who of late Years have procured of the Lord Proprietory of this Province Warrants for the laying out and taking up &s;everal quantities of Land within the &s;ame, and have pa&s;&s;ed their Bonds to his Lord&s;hip, according to his late Conditions of Plantations for the &s;ame, and by virtue of their Warrants, the &s;everal Surveyors of this Province, had before the Revolution of Affairs within the &s;ame &s;urveyed and laid out pur&s;uant to the &s;aid Warrants, &s;everal Tracts and parcels of Land for them or to their A&s;&s;ignes, and either had returned Certificate of the &s;ame unto the Examiner, or had it in their Hands ready to return before the Revolution as afore&s;aid; but the &s;ame Certifi|cate either not arrived at the Land Office of this Province, or if the &s;ame was, no Pattents as yet granted for the &s;ame; and his Lord&s;hip having &s;hut up the Land Office of this Province, and no Per&s;ons being qualified to grant Pattents for the &s;ame, they, and others in the like condition are in great danger of loo&s;ing the Be|nefit and E&s;tate, of, and in their &s;aid Lands &s;o laid out and &s;urveyed as afore&s;aid. In Tender Con&s;ideration whereof, and for prevention of &s;uch Inconveniency within this Province, your Maje&s;ties mo&s;t Dutyful and Loyal Subjects the Bur|ge&s;&s;es and Delegates of this pre&s;ent General A&s;&s;embly pray that it may be Enact|ed. And BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ties by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That any Per&s;on or Per&s;ons what&s;oever, being Free Denizens and Subjects to the Crown of <HI>England,</HI> that at any time hereto|fore within the &s;pace of five Yaars la&s;t pa&s;t had obtained of his Lord&s;hip the Lord Proprietor of this Province; him&s;elf, or from any Per&s;on by from or under him, a|ny Warrant or Warrants for any parcel or parcels of Land either of Re&s;urvey or to be taken up within this Province, and by virtue of which, any parcel or par|cels of Land what&s;oever, was by any Lawful Surveyor of any County within this Province &s;urveyed and laid out at any time before the Revolation of Affairs or before the tenth Day of <HI>July,</HI> One Thou&s;and Six Hundred Eighty and Nine, and no Pattent as yet from his Lord&s;hip granted for the &s;ame, &s;uch Per&s;on or Per|&s;ons by him&s;elf or his Attorney, at any time within twelve Months from and af|ter the publication of this Law in the County where &s;uch Land lieth, appearing before the Ju&s;tices of the re&s;pective County in which the Land lieth as afore&s;aid, and producing to the Ju&s;tices of the &s;aid County Courts a Certificate under Hand of &s;uch Surveyor as made the Survey of any parcel or parcels of Land as afore|&s;aid, and proving the &s;ame by the Oath of &s;uch Surveyor if living, or by the Book of &s;uch Surveyor or other Evidence if the Surveyor be dead; that the &s;ame parcel or parcels of Land was really and <HI>Bona Fide</HI> laid out and &s;urveyed for &s;uch per&s;on or per&s;ons by Warrant for the &s;ame, before the Revolution of Affairs in this Province in the year afore&s;aid, and filing the &s;aid Certificate and Oath in the Records of the &s;aid Court, it &s;hall and may be Lawful to &s;uch per&s;on or per|&s;ons to have, u&s;e, occupy; po&s;&s;e&s;s and enjoy all &s;uch Lands and Tenements &s;o laid out and &s;urveyed as afore&s;aid.</P>
<P>And it is hereby Declared and Enacted that &s;uch per&s;on or per&s;ons &s;hall have and enjoy a pure and Lawful E&s;tate of Inheritance in Fee Simple, of in and to all &s;uch parcel or parcels of Lands and Tenements according to the Conditions of Plantations, upon which &s;uch Warrants were granted as afore&s;aid, together with
<PB N="4" REF="6">all priviliges Grants and Immuities what&s;oever, incident appertaining or belong|ing to the &s;ame, altho' not in this Act &s;o largely and paricularly expre&s;&s;ed, but as fully and ab&s;olutely, as if a Pattent from his Lord&s;hip had been granted for the &s;ame, any Law Statute or U&s;uage to the contrary hereof in any wi&s;e notwith|&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Limitation of certain Actions for avoiding Suits at Law.</HEAD>
<P>FORASMUCH as nothing can be more E&s;&s;ential to the Peace and Tranquility of this Province, than the quieting the E&s;tates of the Inhabi|tants thereof,, end for the effecting of which, no better mea&s;ures can be taken than a Limitation of Time for the Commencing &s;uch Actions as in the &s;everal and Re&s;pective Courts within this Province are brought from the time of the Cau&s;e of &s;uch Actions ari&s;ing.</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;entt General A&s;&s;embly and the Authority of the &s;ame, That all Actions of Tre&s;pa&s;s, <HI>Quare Clau&s;um fregit,</HI> all Actions of Tre&s;pa&s;s, Detinue, Surtrover, or Replevin for taking away Goods and Chattels, all Actions of Accompts, Contract, Debt, Book, and upon the ca&s;e o|ther then &s;uch Accompts as concerns the Trade of Merchandize between Mer|chant and Merchant, their Factors and Servants which are not Re&s;idents within this Province, all Actions of Debt for lending or Contract without Specialty, all Actions of Debt for Arrearages of Rents, all Actions of A&s;&s;ault, Menaces, Bat|tery, Wounding and Impri&s;onment, or any of them, &s;hall be &s;ued or brought by a|ny Per&s;on or Per&s;ons within this Province at any time after the End of this pre|&s;ent General A&s;&s;embly, &s;hall be commenced and &s;ued within the time and limita|tion hereafter expre&s;&s;ed and not after, (that is to &s;ay) the &s;aid Actions for Ac|compt, and the &s;aid Actions for Debt, Detinue, and Replevin for Goods and Chattels, and the &s;aid Actions for Tre&s;pn&s;s, <HI>quare Clau&s;um fregit,</HI> within two Years en&s;uing the Cau&s;e of &s;uch Action and not after; and the &s;aid Action on the Ca&s;e for Words, and Actions of Tre&s;pa&s;s, of A&s;&s;ault, Battery, Wounding and Impri&s;onment or any of them, within one Year from the time of the Cau&s;e of &s;uch Action ari&s;ing and not after.</P>
<P>And Be It Further Enacted by and with the Advice and Con&s;ent afore&s;aid, That in all Actions of the Ca&s;e for Slanderous Words to be &s;ued or pro&s;ecuted by any Per&s;on or Per&s;ons in any Courts of Record of this Province, that hath power to hold Plea of the &s;ame, after the end of this pre&s;ent A&s;&s;embly, if the Jury upon the Tryal of the I&s;&s;ue in &s;uch Action, or the Jury that &s;hall inquire of the Damages do find or a&s;&s;e&s;s the Damages under 40 <ABBR><HI>s.</HI></ABBR> then the Plantif or Plantifs in &s;uch Action or Actions &s;hall have and recover onely &s;o much Co&s;ts as the Damages given or a&s;&s;e&s;&s;ed amounts unto.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That if any Per&s;on or Per&s;ons Intituled to any the Action or Actions afore&s;aid, &s;hall be at the time of any &s;uch Cau&s;e of Action accrewing within the Age of One and Twenty Years foeme Covert <HI>non Compis Mentis,</HI> Impri&s;oned, or beyond the Seas, that then &s;uch Per&s;on or Per&s;ons &s;hall be at Liberty to bring the &s;ame Action or Actions within &s;uch time as is before Limited, after their coming to, or being of full Age, Di&s;co|vert Sound Memory, at Large or returned from beyond the Seas, as other per&s;ons having no &s;uch Impediment might or &s;hould have done.</P>
<P>And Forasmuch as divers Di&s;putes formerly aro&s;e, whether per&s;ons ab&s;enting the Province, or wandring from County to County, until the time by the late Act for the Rea&s;ons and purpo&s;es afore&s;aid limited and allowed were Expired, &s;hould have any benefit thereby, and different Judgments given thereon in the &s;everal and Re&s;pective County's within this Province, for that the &s;aid Act was therein all together &s;ilent.</P>
<P>Be It Therefore Enacted by the Authority afore&s;aid, That from and after the publication hereof, no per&s;on or per&s;ons what&s;oever ab&s;enting them&s;elves out of this Province, or that &s;hall remove from County to County after any Debt con|tracted, whereby the Creditor or Creditors may be at an uncertainty of finding out the &s;aid per&s;on or per&s;ons, or his or their Effects, &s;hall have any benefit by the Limitations and Re&s;trictions in this Act &s;pecified. Provided allways, That it is the true <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> that this Act or any thing herein con|tained,
<PB N="5" REF="6">&s;hall be con&s;trued reputed or taken to prejudice or debar any per&s;on re|moving him&s;elf or Family from one County to another for his conveniency, or any per&s;on leaving this Province for the time and term in this Act Limited from the benefit thereof he leaving E&s;&s;ects &s;ufficient, and known for the payment of of his ju&s;t Debts, in the Hands of &s;ome per&s;on or per&s;ons who will a&s;&s;ume the payment thereof to his Creditors, any thing in this Act contained to the contra|ry hereof in any wi&s;e notwith&s;tanding.</P>
<P><HI>An Act for the Naturalization of</HI> John Ould&s;on <HI>and</HI> Mathias Vander-heyden.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for publication of all Laws within this Province.</HEAD>
<P>FORASMUCH as many new Laws have been made this pre&s;ent A&s;&s;em|bly, wherein the welfare of the good People of this Province is much con|cerned, and divers old Laws not &s;ufficiently providing again&s;t the Offences by them to be puni&s;hed have been made more penal, to the end many people of this Province evilly di&s;po&s;ed, may be deterred from evil doing; and that notwith|&s;tanding all the Laws, intend that every per&s;on in this Province is bound to take Notice of what is pa&s;&s;ed in the A&s;&s;embly, becau&s;e every per&s;on is there pre&s;ent in their Repre&s;entations, yet his Excellency the Governour, the Council and A&s;|&s;embly de&s;iring not the de&s;truction of the very wor&s;t of the people of this Province not that they &s;hould be overtaken by any Intendment in Law in a penal Act, tho' not at all too &s;evere for the mi&s;deeds it intends to puni&s;h, do think fit that it be Enacted, and BE IT ENACTED by the King and Queen's mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from henceforward all the Acts that &s;hall pa&s;s from this and all the &s;ucceeding A&s;&s;emblies, &s;hall be from time to time fairly tran&s;eribed into Parchment and by Writt under the great Seal of this Province from time to time be pa&s;&s;ed by the Chancellor for the time being, to the Sherrif of each re&s;pective County be tran&s;mitted and commandment to them in the &s;aid Writs &s;hall be given as well the &s;aid Acts in their &s;everal and re&s;pective County's, in what place to them &s;hall &s;eem mo&s;t convenient to publi&s;h and proclaim all the &s;aid Acts of A&s;&s;embly, to be firmly ob&s;erved and kept.</P>
<P>And Be it <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ther Enacted by the Authority afore&s;aid, That every &s;everal and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> active County &s;hall from time to time pay to the Chancellor for the time be|ing <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span"> of the Laws &s;o much Tobacco, as by the &s;aid General A&s;|&s;embly in which the &s;aid Laws were made &s;hall a&s;&s;e&s;s and allow.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for taking away all Errors in Proceedings at Law and Equity, and in the Court for Probat of Wills <HI>&amp;c.</HI> occa&s;ioned by the late Revolution.</HEAD>
<P>WHEREAS upon the late Revolution, divers Differences and Di&s;tur|bances did ari&s;e and happen within this Province, which occa&s;ioned many Errors and Irregularities in Proceedings of Law and Equity, and in the Court for Probat of Wills to be committed for preventing of all Di&s;putes and Troubles that may happen thereupon.</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Majs&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all Bills, Plaints, Proce&s;s, Pleas, Iudgments, Indict|ments, Informations, Proceedings, Cau&s;es, Matters and Things what&s;oever, com|menced or depending in any of the &s;aid Courts, &s;ince the fir&s;t Day of <HI>April</HI> 1690 &s;hall be good and ettectual notwith&s;tanding any Errors therein contained by di&s;|continuances or otherwi&s;e what&s;oever, by rea&s;on of the &s;aid late Troubles.</P>
<P>Provided neverthele&s;s, That no per&s;on or per&s;ons what&s;oever &s;hall have, or take any benefit of this Act for any Error or Mi&s;take in any of the Proce&s;&s;es Pleas or other Proceedings not occa&s;ioned by the &s;aid late Troubles, but that the &s;ame &s;hall remain and be as if this Act had never been made, any thing herein con+tained
<PB N="6" REF="7">to the contrary thereof in any wi&s;e notwith&s;tanding.</P>
<P>And forasmuch as by rea&s;on of the late Revolution, all Judicial Proceedings were impeded and hindred for above two Years la&s;t pa&s;t <HI>viz.</HI> from the Year of our Lord 1690, to this pre&s;ent time, being the Year of our Lord 1692.</P>
<P>Be It Enacted and Ordained by and with the Advice and Con&s;ent afore&s;aid and the Authority of the &s;ame, That the &s;aid Years &s;hall not be accounted as Years included and meant in the Statute of Limitations for payment or demand of Debts, due by Bond Bill or judgment, or in the Clau&s;e for the due returning of Certificates upon Warrants for Land granted, or Suing out of Pattents for Lands, according to the directions and In&s;tructions of any of the Lord <HI>Baltemores</HI> Condi|tions of Plantations, or in the Clau&s;e for taking or &s;uing out Pattents for Lands contained in his Lord&s;hips Conditions of Plantations, but that in tho&s;e and &s;uch like ca&s;es, the &s;aid Years of our Lord be pa&s;&s;ed by and not accounted for tho&s;e Years thereby meant or mentioned</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act again&s;t Ingro&s;&s;ers and Regraters.</HEAD>
<P>FORASMUCH as hitherto no Law hath been made within this Pro|vince for re&s;training and prohibiting Ingro&s;&s;ing and Regrating, the undue and too frequent practice whereof hath been made, and &s;till is highly oppre&s;&s;ive and injurious to the greater part of the Inhabitants of this Province, who are by means thereof deprived and wholly prevented from the benefit of laying out their Cropps of Tobacco or any part thereof with the Merchant, Adventurer, their Factors or others, bringing all &s;orts of Goods Merchandizes and Servants for the purcha&s;e thereof, whil&s;t a Covetous and Active Sort of People, but few in number of the Inhabitants of this Province do buy and purcha&s;e all, or mo&s;t part of the Goods Merchandizes and Servants yearly brought into this Province, (without Con&s;ignment) for the purcha&s;e of Tobacco. And albeit they have not Tobacco of their own, whereby to pay for the Goods Merchandizes and Servants &s;o by them from time to time bought and parcha&s;ed, neverthele&s;s, &s;uch is the nece&s;&s;ity of the Province, that within a few days after &s;uch purcha&s;e, they can Regrate the &s;aid Goods Merchandizes and Servants and be ready for another Market, there|by not onely In hancing the prizes of all Goods Merchandizes &amp; Servants &amp; be rea|dy for another, but making &s;everal returns in one Shipping &s;ea&s;on, and in the mean time the greater Number of the Inhabitants of this Province are di&s;abled and total|ly hindred from &s;elling their Cropps of Tobacco, unle&s;s it be to and with the afore &s;aid Huk&s;ters, or &s;ome, or one of them at their own dear Rates and Prizes, for pre|vention therefore of &s;o great a Mi&s;chief for the future, Be It Enacted by the King &amp; Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre|&s;ent general A&s;&s;embly &amp; the Authority of the &s;ame, that what&s;oever per&s;on or per|&s;ons, that from and after the publication hereof &s;hall Ingro&s;s, or get into his her or their Hands or Po&s;&s;e&s;&s;ion, by buying contracting or promi&s;e, taking within this Province any Goods or Merchandizes what&s;oever, or Servants, to the Intent to &s;ell the &s;ame again within the &s;pace of &s;ix Months, and the &s;ame, or any part thereof &s;hall within that time &s;ell again for ready Tobacco, or for Tobacco to be paid the Shipping happening at the time of &s;uch fir&s;t Sale, or for Tobacco to be Shipped for payment or &s;ecuring the payment of any Bill or Bills of Exchange, to be drawn for the payment of the &s;aid Goods Merchandizes or Servants, with intent to elude the benefit of this Act, or the &s;ame Goods Merchandizes or Ser|vants &s;hall tran&s;port out of this Province, &s;hall be accepted reputed and taken for an unlawful Ingro&s;&s;er and Regrater, and &s;hall &s;uffer &s;uch pains penalties and for|feitures hereafter expre&s;&s;ed, any Law Statute U&s;uage or Cu&s;tom to the contrary hereof in any wi&s;e notwith&s;tanding.</P>
<P>And Be It Enacted by the Authority afore&s;aid, That if any per&s;on or per&s;ons from and after the publication hereof offend in any of the things before recited, and being thereof duly convicted, by confell on of the party, or the Oaths of two Witne&s;&s;es before the Ju&s;tices of the Provincial Court, or the Ju&s;tices of the Coun|ty Courts for the time being where the Offences were committed, &s;hall for his her or their fir&s;t Offence have or &s;uffer Impri&s;onment for the &s;pace of two Months without Bail or Mainprize, and &s;hall al&s;o loo&s;e and forfeit the value of the Goods Merchandizes or Servants &s;o by him or them bought or had, and if any per&s;on or
<PB N="7" REF="7">per&s;ons Lawfully convicted or attainted as afore&s;aid, of or for the &s;econd Offence and be thereof Lawfully convicted or attainted as afore&s;aid, that then every per|&s;on or per&s;ons &s;o offending, &s;hall have and &s;uffer for his or their &s;econd Offence Impri&s;onment for the &s;pace of of one half Year without Bail or Mainprize, him and &s;hall loo&s;e the double value of all the Goods Merchandizes or Servants &s;o by or them bought or had as afore&s;aid.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That if any per&s;on or per&s;ons being Lawfully twice convicted or attainted as afore&s;aid, of or for the &s;econd Offence, and &s;hall again offend the third time, and be thereof Lawfully convicted or attainted, that then every per&s;on for the third Offence &s;hall be &s;et in the Pillory in the City Town o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> in the full County where he &s;hall then inhabit and dwell, and loo&s;e and forfeit all the Goods and Chattels he or they have to their own u&s;e, and al&s;o be committed to Pri&s;on there to remain daring the term of one whole Year, the one moiety of all which Forfeiture<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> to be to our Sovereign Lord and Lady the King and Queen for the Support of the Government of this Province, and the other moiety thereof to the Informer, or him or them that &s;hall &s;ue for the &s;ame by Bill Action of Debt, Plaint or Information in any Court of Record within this Province, wherein no E&s;&s;oyn or Wager of Law is to be allowed.</P>
<P>Provided that this Act or any thing therein contained, &s;hall not debar or be con|&s;trued to debar or hinder any per&s;on or per&s;ons what&s;oever within this Province by or out of any Goods or Merchandizes by him or them &s;o bought or purcha&s;ed as afore&s;aid, to &s;atisfie and pay unto any Workman or Servant the hire or wages of him or them due for any work or &s;ervice what&s;oever.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act concerning Indians.</HEAD>
<P>TO the End no breach of Peace may happen betwixt the Neighbouring In|dians and the Inhabitants of this Province, BE IT ENACTED by the King and Queens Mo&s;t Excellent Maje&s;ty's by and with the Advice and Con|&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That any one who&s;oever &s;hall take, intice &s;urprize, tran&s;port, or cau&s;e to be tran&s;ported, or &s;ell and di&s;po&s;e of any Friend Indian or Indians what&s;oever, or endeavour or at|tempt &s;o to do, without Licence from the Governour for the time being, nnd all Ac|ce&s;&s;ory's thereunto &s;hall be fined and impri&s;oned at the Di&s;cretion of the Gover|nour and Council for the time being, howbeit any one Informing or cau&s;ing &s;uch Offender or Offenders to be apprehended, &s;hall have Satis-faction for his pains and Indulgence therein as the Governour and Council &s;hall think fit.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act Limiting the Extent of Attachments, and providing what &s;hall be Leavied on Attachments and Executions.</HEAD>
<P>FOR Settling the manner of Proceedings on Attachments and Limiting the Extent of them, and providing what &s;hall be Leavied on Attachments and Executions.</P>
<P>BE IT ENACTED by the King and Queens Mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from henceforth no Attachment &s;hall I&s;&s;ue out of any Court of this Province before a Writt or Summons be fir&s;t made out, upon which Writt if the Party Defendant be an Inhabitant or Re&s;ident within this Pro|vince and the Sherrif &s;hall retern a <HI>non e&s;t inventus,</HI> one other Writt or Sumons &s;hall thereupon in manner afore&s;aid I&s;&s;ue forth again&s;t the &s;aid Defendant, and if the Sherrif &s;hall upon the Second Writt or Summons return a <HI>non e&s;t invertus</HI> likewi&s;e, an Attachment &s;hall and may thereupon in manner and form hereafter &s;et down and be awarded, and in ca&s;e any Writt or Summons &s;hall I&s;&s;ue forth of any of their Maje&s;ty's Courts within this Province again&s;t any per&s;on or per&s;ons ab&s;ent out of this Province, in &s;uch ca&s;e, upon the return of a <HI>non e&s;t inventus</HI> by the Sherrif on &s;uch Writts or Summons, and the Party Plant if his leaving with the Attorney of &s;uch ab&s;ent Defendant (if he hath left an Attorney) a Copy of his Declaration or &s;hort Notes expre&s;&s;ing the true cau&s;e of Action, or if he hath left no Attorney, then the Plant if leaving a Copy of the &s;aid Declaration or &s;hort Note expre&s;&s;ing the true cau&s;e of Action at the Hou&s;e where the &s;aid Defendant ab&s;ent did la&s;t re&s;ide or dwell and making &s;uch proof of his Action at the &s;aid re&s;pective
<PB N="8" REF="8">Courts &s;hall think fit. It &s;hall and may be Lawful for the Ju&s;tices of the &s;aid Courts to award an Attachment again&s;t the Goods Chattels and Credits of the &s;aid ab&s;ent Defendant &s;o as afore&s;aid pro&s;ecuted and not appearing to the &s;aid Action, which are or &s;hall be in the hands and po&s;&s;e&s;&s;ion of any per&s;on or per&s;ons what&s;oever, yea even in the Plantiffs own hands for the Defendants u&s;e in this Province, in which &s;aid Attachement there &s;hall be a Clau&s;e commanding the Sherrif of the re&s;pective County's at the time of executing the &s;aid Attachment, to make known to each per&s;on &amp; per&s;ons in who&s;e hands and po&s;&s;e&s;&s;ion the &s;aid Goods Chat|tels and Credits &s;o as afore&s;aid in their hands attached &s;hould not be condemned, and Execution thereof had and made as in other ca&s;es of Recovery's and Judg|ment given in Courts of Record, at which Day of Return of the &s;aid Attachment, if the &s;aid Defendant &s;hall not then appear, nor the Garni&s;hee in who&s;e hands the afore&s;aid Goods Chattels and Credits of the Defendant were attached to &s;hew cau&s;e to the contrary, the re&s;pective Courts &s;hall and may condemn the &s;aid Goods Chattels and Credits afore&s;aid, &s;o as afore&s;aid attached and awarded; Execution thereof to be had and made, either by <HI>Capias ad &s;atisfaciendum fieri fa|cias</HI> or otherwi&s;e as in other Judgments, he the &s;aid Plantif &s;o pro&s;ecuting as afore|&s;aid, giving good and &s;ufficient Security before the Ju&s;tices of each re&s;pective Court to and for the u&s;e of the &s;aid Defendant &s;o as afore&s;aid, being not found within this Province or ablent out of this Province as afore&s;aid, to make Re&s;titution of the &s;aid Goods Chattels or Credits &s;o as afore&s;aid coudemned or the value there|of, if the Defendant &s;o as afore&s;aid pro&s;ecuted, &s;hall at any time within one Year and a Day to be accounted from the Day of the &s;aid Attachment award|ed come in and either in Per&s;on, or by Attorney appear to the &s;aid Original Acti|on again&s;t him, and make it appear that the &s;aid Plantif hath been, and is &s;atisfi|ed and paid the Debt or Demand in the &s;aid Action, or &s;hall otherwi&s;e in Court di&s;count or bar the &s;aid Plantif of the &s;ame or any part thereof, which &s;aid Con|demnation and Execution of the &s;aid Goods Chattels or Credits of the &s;aid De|fendant, in the Hands of the Garni&s;hee or Garni&s;hees as afore&s;aid had and made, &s;hall be &s;ufficient and pleadable in Barr, by the &s;aid Garni&s;hee or Garni&s;hees in a|ny Action brought again&s;t him or them by the &s;aid Defendant for the &s;ame.</P>
<P>Provided always, that no Sherrif &s;hall Leavy by way of Execution as afore&s;aid, again&s;t any the &s;aid Garni&s;hee or Garni&s;hees any more than the Plantifs Debt and Co&s;t, nor again&s;t any Garni&s;hee or Garni&s;hees then what the &s;aid Plantif in the &s;aid Action &s;hall make appear to the &s;aid re&s;pective Courts, to be of the &s;aid Goods Chattels and Credits of the &s;aid Defendant in the Hands of each re&s;pective Garni&s;hee or Garni&s;hees, together with &s;uch Co&s;t onely as the Garni&s;hee or Gar|ni&s;hees &s;hall put the Plantif to, by denying him&s;elf to be indebted unto &s;uch De|fendant and conte&s;ting the &s;ame. Provided al&s;o that no Sherrif in any County within this Province, &s;hall by any Attachment or any other Execution had upon &s;uch Attachment, or any other Execution what&s;oever out of any Court of this Province Leavy, Seize or take the Goods and Chattels of any the Inhabitants within this Province, &s;o far as to deprive them of all Lively hood for the future, but that Corn for nece&s;&s;ary Maintenance, Bedding, Gun, Ax, Pot and Labourers nece&s;&s;ary Tools, and &s;uch like Hou&s;hold Impliments and Ammunition for Sub|&s;i&s;tance &s;hall be protected, from all Attachments and Executions what&s;oever.</P>
<P>Provided al&s;o that &s;uch as &s;hall be found by proof or other Circum&s;tances, will|fully to ab&s;ent them&s;elves into the Woods or elcewhere from the Sherrifs Sight, whereby they cannot be found to be brought to Tryal, and &s;uch al&s;o as &s;hall be ab&s;ent by Flight or Pro&s;cription out of this Province to be avered upon Oath &s;hall have no benefit of any favourable Interpretation of this Law.</P>
<P>And Be it Enacted by the Authority afore&s;aid, That from henceforth any per|&s;on or per&s;ons having obtained any Judgment in any Court of this Province, or that &s;hall hereafter obtain any Judgment in any Court of this Province again&s;t any per&s;on or per&s;ons, It &s;hall and may be Lawful to and for the &s;aid Plantif in the &s;aid Judgment at his Will and Plea&s;ure, in&s;tead of any other Execution, with|out tho&s;e previous Requi&s;ites as above in this Act pre&s;cribed and directed, to take out an Attachment again&s;t the Goods Chattels and Credits of the &s;aid De|&s;endant in the &s;aid Judgment in the &s;aid I &s;antifs own Hands, or in the Hands of any other per&s;on or per&s;ons what&s;oever; which &s;aid Attachment &s;hall likewi&s;e have the Clau&s;e afore&s;aid, Commanding the Sherrif of the &s;aid County to whom
<PB N="9" REF="8">it &s;hall be directed at the time of executing the &s;aid Attachment, to make known to each per&s;on or per&s;ons in who&s;e Hands and Po&s;&s;e&s;&s;ions the &s;aid Goods Chattels and Credits of the &s;aid ab&s;ent Defendant &s;hall be attached, that he be and appear at the Re&s;pective Courts at the Day of the Return of &s;uch Attachment, to &s;hew cau&s;e (if they have any) why the &s;aid Goods Chattels and Credits &s;o as above|&s;aid in their Hands attached &s;hould not be condemned, and Execution thereof had and made as in other Ca&s;es of Recoverys or Judgments given in Courts of Record, at which Day of the Return of the &s;aid Attachment, if the &s;aid De|fendant &s;hall not then appear, nor the &s;aid Garni&s;hee, in who&s;e Hands the &s;aid Goods Chattels and Credits of the &s;aid Defendant were attached, to &s;hew &s;uffici|cient cau&s;e to the contrary, the &s;aid Re&s;pective Courts &s;hall and may Condemn the &s;aid Goods Chattels and Credits afore&s;aid &s;o as afore&s;aid attached, and award Execution thereof to be had and made, either by <HI>Capias ad &s;atisfaciendum, fieri facias</HI> or otherwi&s;e, as the &s;aid Plantif might have had again&s;t the Defendant him|&s;elf on the Judgment afore&s;aid provided as afore&s;aid, which &s;aid Condemnation &amp; Execution of &s;uch Goods Chattels &amp; Credits of the &s;aid Garni&s;hee as afore&s;aid had &amp; made, &s;hall be &s;ufficient &amp; pleadable in Barr by the &s;aid Garni&s;hee or Garni&s;hees in any Action brought again&s;t him or them by the &s;aid Defendant for the &s;ame.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act Impo&s;ing a penalty on all &s;uch who &s;hall di&s;po&s;e of Tobacco Seized and Received by the Sherrifs and others.</HEAD>
<P>WHEREAS divers great Grievances have happened within this Pro|vince, through the many Cheats and Deceits that many have u&s;ed in di&s;po&s;ing and altering the marks and quality's of Tobacco after the &s;aid Tobacco hath been Seized and Received by the Sherrifs either for Fines or Leavies, or hath been paid away to Merchants or others and by them marked and Received, whereby the publick have been much abu&s;ed and wronged, and many private per|&s;ons have Received great Damages in the &s;aid Goods.</P>
<P>BE IT THEREFORE ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That what Per&s;on &s;oever &s;hall di&s;po&s;e of any Tobacco or other Goods Seized on and Received by the Sherrif for Fines or Leavy's or other publick Officers Fees, or that &s;hall alter or &s;cratch out the mark of any Tobacco &s;o Received, or &s;hall alter or change the quality of Tobacco &s;o Received, or by any Merchant or others Received, either by unca&s;ing or other|wi&s;e, without any Lawful Order or Warrant in Writing under the Hand of &s;uch Sherrif who received the &s;ame, or of &s;uch Merchant or other Per&s;on who had re|ceived and marked the &s;ame, or for who&s;e u&s;e the &s;ame was received and marked, &s;hall bely able beng Convicted by Confe&s;&s;ion or &s;ufficient Witne&s;&s;es in &s;ome Court of this Province to Re&s;tore four Fold to the party grieved, and &s;tand in the Pil|lory two full Hours during the Court time, with his Offence fairly written in a piece of paper and placed upon his Back. Provided that no per&s;on &s;hall be im|pleaded or pro&s;ecuted upon this Act after three Years from the time that the Fact &s;hall be committed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for appointing Coroners in each Re&s;pective County.</HEAD>
<P>WHEREAS there has many Inconveniency's happened in this Pro|vince for want of appointing Coroners <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n each Re&s;pective Counry.</P>
<P>BE IT ENACTED by the King and Queens Mo&s;t Excellent Maje&s;ties by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Au|thority of the &s;ame That the Governour for the time being do Con&s;titute and ap|point &s;uch per&s;on or per&s;ons from time to time to be Coroners, as he &s;hall judge mo&s;t able and be&s;t qualified for that Office in each re&s;pective County in this Pro|vince, And Be It Further Enacted by the Authority afore&s;aid, by and with the Ad|vice and Con&s;ent afore&s;aid, that the Governour give out Commi&s;&s;ion <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o &s;uch per|&s;ons, to the intents and purpo&s;es afore&s;aid, and that the &s;ame as near as may be, concur with the Laws and Con&s;titution of <HI>England.</HI> And that an Oath be Admini|&s;tred to every &s;uch Coroner by appointment of the Governour of their entring into the &s;aid Office according to the form of the Oath of a Coroner in <HI>England.</HI></P>
<PB N="10" REF="9">
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the Ju&s;tices of Peace in every County at the fir&s;t County Court, held after <HI>Michaelmas</HI> &s;hall nominate and appoint &s;ome Inhabitant in every Hundred or Precinct, who &s;hall execute all Precepts or Warrants to him directed, and &s;hall in all things have the like power within the &s;aid Hundred or Precinct as any Con&s;table hath or ought to have in a Hundred or Precinct in <HI>England,</HI> by the Law or Cu&s;tom of <HI>England;</HI> and the &s;aid Con&s;table &s;hall take the Oath mentioned in an Act made in the fir&s;t Year of their &s;aid Maje&s;ty's Reign Inti|tul'd <HI>an Act for abrogating the Oaths of Supremacy and Allegiance</HI> in manner and form following. <Q REND="margQuotes">You &s;&s;iall Swear you will well and truly Serve our Sovereign Lord and Lady King <HI>William</HI> and Queen <HI>Mary</HI> in the Office of a Con&s;table, you &s;hall &s;ee and cau&s;e that their Maje&s;ty's Peace be well and duly kept according to your power, you &s;hall arro&s;t all &s;uch per&s;ons as in your pre&s;ence &s;hall commit any Riot, Fray, or other breach of their Maje&s;ty's Peace, you &s;hall do your be&s;t en|deavour upon complaint to you made to &s;eize all Felons, Barretors, Rioters, or per&s;ons riotou&s;ly a&s;&s;embled, and if any &s;uch Offender &s;hall make any Re&s;i&s;tance with Force, you &s;hall Leavy Hue and Cry and pur&s;ue them until they be taken, you &s;hall do your be&s;t endeavour that Hue and Cry be duly rai&s;ed and pur&s;ued a|gain&s;t murtherers, thieves, and other felons &amp; fugitive &s;ervants, &amp; the Laws &amp; Or|ders 'gain&s;t vagabonds &amp; &s;uch other idle per&s;ons coming within your limits be du|ly put in execution, at your County Courts coming you &s;hall pre&s;ent all Offen|ces done again&s;t the &s;everal Acts made for the &s;uppre&s;&s;ing of Drunkenne&s;s, and al&s;o true pre&s;entment make of all Blood&s;heds, Affrays, Outcries, Re&s;cues and o|ther Offences committed again&s;t their Maje&s;ty's Peace within your Limits, you &s;hall well and truly execute all Precepts and Warrants to you directed from the Ju&s;tice of Peace of this County or higher Officer, and you &s;hall well and truly according to your knowledge power and ability do and execute all things be|longing to the Office of a Con&s;table &s;o long as you &s;hall continue in this Office.</Q> So help you God. And if the per&s;on &s;o nominated &amp; appointed &s;hall refu&s;e to &s;erve in the &s;aid Office by him&s;elf or his Deputy, or take the Oaths when tendered to him by the Ju&s;tices of Peace as afore&s;aid, &s;hall forfeit the &s;um of five hundred pounds of Tobacco, one moiety thereof to their Maje&s;ty's their heirs and Succe&s;&s;ors, for and towards the Support of this Government, and the other moiety to the Church Wardens of the Pari&s;h in which he &s;hall dwell or re&s;ide, to be recovered by Bill Plaint or Information wherein no E&s;&s;oyn Protection or Wager of Law &s;hall be allowed, or &s;uffer two Months Impri&s;onment without Bail or Mainprize.</P>
<P>Be It Further Enected by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that all per&s;ons what&s;oever that &s;hall hereafter be nominated or appointed to be Ju&s;tices of the Peace, Sherrifs or Coroners within this Pro|vince. by his Excellency the Captain Genetal or Governour in Chief for the time being, that refu&s;es to execute the Office of ju&s;tice of Peace Sherrif or Coroner within this Province, or to take the Oaths aforementioned in the Act of Parlia|ment afore&s;aid made, and the Oaths of Ju&s;tice of the Peace Sherrif or Coroner &s;hall forfeit to our Sovereign Lord and Lady the King and Queen their Heirs and Succe&s;&s;ors 1000 <ABBR><HI>l.</HI></ABBR> Tobacco for the u&s;es afore&s;aid, to be recovered as afore&s;aid or four Months Impri&s;onment without Bail or Mainprize.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, that who&s;oever &s;hall be Summoned by Writ out of any Court of Ju&s;tice of this Province to &s;erve as a Juror in any Tryal in any Court within this Province and refu&s;e to &s;erve in any Cau&s;e depending whether Criminal or Civil (not being by any other Office exempted) and thereunto Lawfully required, &s;hall forfeit to their &s;aid Maje&s;ty's their Heirs and Succe&s;&s;ors the Sum of five hundred pounds of Tobacco for the u&s;es afore&s;aid, to be recovered as afore&s;aid, or two Months Impri&s;onment without Bail or Main|prize.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, that who&s;oever being by Writ Lawfully Summoned and thereby required to &s;erve as a Witne&s;s in this Province, and &s;hall refu&s;e to te&s;tifie upon Oath in any ca&s;e depending whether Criminal or Civil, &s;hall forfeit to out Sovereign Lord and Lady the King and
<PB N="11" REF="9">Queen their Heirs and Succe&s;&s;ors the Sum of five hundred pounds of Tobacco for the u&s;es afore&s;aid, to be recovered in manner as afore&s;aid, or &s;uffer two Months Impri&s;onment without Bail or Mainprize Provided this Clau&s;e &s;hall not extend to People called Quakers.</P>
<P>Provided that this Act nor any thing therein contained &s;hall not extend or be in|rerpreted to extend to the prejudice of any the Lords of Mannors within this Province, in their priviledges of appointing Con&s;tables within their re&s;pective Mannors.</P>
<P>Provided that if any per&s;on di&s;&s;enting from the Church of <HI>England</HI> &s;hall hereafter be cho&s;en or otherwi&s;e appointed to bear the Office of high Con&s;table Church Warden or Over&s;eer of the poor or any other Paro chial or Ward Office and &s;uch per&s;on &s;hall &s;cruple to take upon him any the &s;aid Offices in Regard of the Oaths or any other matter or thing required by the Law to be taken and done in re&s;pect of &s;uch Office, every &s;uch per&s;on &s;hall and may execute &s;uch Office or Imployment by his &s;ufficient Deputy by him to be provided that &s;hall comply with the Laws on this behalf. Provided always that the &s;aid Deputy be allowed and approved of by &s;uch per&s;on or per&s;ons in &s;uch manner as &s;uch Officer or Offi|cers re&s;pectively &s;hould by Law have allowed and approved.</P>
<P>Provided neverthele&s;s, that it &s;hall be Lawful for any Ju&s;tice of the Peace or o|ther Magi&s;trate Lawfully Authorized to commit and puni&s;h &s;uch per&s;on or per&s;ons as &s;hall refu&s;e to take the Oaths mentioned in the &s;aid Acts of Parliament accord|ing to the appointment thereof, the &s;ame Oaths being rendered unto him or them in &s;uch manner as the &s;aid Act directs and appoints, any thing herein con|tained to the contrary thereof in any wi&s;e notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for puni&s;hment of Per&s;ons &s;uborning of Witne&s;&s;es, or committing willful and Corrupt Perjury.</HEAD>
<P>WHEREAS &s;everal Per&s;ons void of Grace and the Dread of the Almigh|ty have and do &s;till continue for &s;mall profits accrewing to them&s;elves to commit willful and corrupt Perjury, or cau&s;e or procure the &s;ame to be committed, either out of a de&s;ign for the rea&s;ons and purpo&s;es afore&s;aid, or meerly to revenge an imaginary Injury done them to the great prejudice of divers of their Maje&s;ty's Loyal Subjects inhabiting within this Province, and forasmuch as the Laws of this Province heretofore made for the prevention of the like mi&s;chiefs and incon|veniency's have upon a mature and deliberate Con&s;ideration by this pre&s;ent Gene|ral A&s;&s;imbly been found altogether incon&s;i&s;tant with the Con&s;titution of this Pro|vince or the Laws of <HI>England</HI> in &s;uch ca&s;es made and provided.</P>
<P>BE IT THREFOE ENACTED by the King and Queens mo&s;t Ex|cellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That if any per&s;on or per&s;ons what&s;oe|ver from and after the publication hereof &s;hall unlawfully or corruptly procure a|ny Witne&s;s or Witne&s;&s;es by Letters, Rewards, Promi&s;es or by any other &s;ini&s;ter unlawful Labour or Means what&s;oever, to commit any wilful and corrupt Perjury in any matter or cau&s;e what&s;oever now depending, or which hereafter &s;hall de|pend in Suit and Variance by any Writt, Action, Bill, Complaint or Information in any wi&s;e touching or concerning any Lands Tenements Hereditaments or any Goods, Chattels, Debt or Damages in any of the Courts of Record within this Province, or that &s;hall unlawfully and corruptly procure or &s;uborn any Witne&s;s or Witne&s;&s;es from and after the publication afore&s;aid, to be Sworn to te&s;tifie <HI>in per|petuam Rei Memoriam,</HI> that then every &s;uch Offender or Offenders being thereof Lawfully Convicted or Attainted loo&s;e and forfeit the Sum of fourty pounds Ster|ling, and if it happen any &s;uch Offender or Offenders being Convicted or attainted as afore&s;aid, &s;hall not have Goods or Chattels Lands or Tenements to the value of fourty pounds as afore&s;aid, their every &s;uch per&s;on or per&s;ons &s;o being Convicted or Attainted as afore&s;aid, &s;hall for his or their &s;aid Offence &s;uffer Impri&s;onment for and during the &s;pace of one whole Year without Bail or Mainprize, and &s;tand upon the Pillory for the &s;pace of one full Hour at the Pillory next adjoyning to the place where he &s;he or they &s;hall be Convicted as afore&s;aid.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That no per&s;on or per&s;ons being Convict or Attaint as afore&s;aid, &s;hall be from thenceforth received
<PB N="12" REF="10">as a Witne&s;s to be depo&s;ed and Sworn in any Court of Record within this Pro|vince, until &s;uch time as the Judgment given again&s;t &s;uch Per&s;on or per&s;ons be Re|ver&s;ed by Attaint or otherwi&s;e, and that upon every &s;uch Rever&s;al the parties grieved to recover his her or their Damages again&s;t all and every &s;uch per&s;on o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> per&s;ons as did procure the &s;aid Judgment &s;o Rever&s;ed, to be given again&s;t them or any of them by Action or Actions upon his her or their Ca&s;e or Ca&s;es accord|ing to the common Cour&s;e or Cour&s;es of the Laws of this Province.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, that if any per&s;on or per|&s;ons, after publication hereof, either by &s;ubornation, unlawful procurement, &s;ini&s;|ter per&s;wa&s;ion or means of any other, or by their own Act, Con&s;ent, or Agree|ment wilfully and corruptly commit any manner of wilful Perjury by their De|po&s;ition in any Court of Record within this Province as afore&s;aid, or being exa|mined in <HI>perpetuam Rei Memoriam,,</HI> that then every per&s;on or per&s;ons &s;o offend|ing and being thereof duly convicted or attainted by the Laws of this Province, &s;hall for his or their Offence loo&s;e and forfeit twenty pounds Sterling, and &s;uffer Impri&s;onment the &s;pace of &s;ix Months without Bail or Mainprize; and the Oaths of any &s;uch per&s;on or per&s;ons &s;o offending from thenceforth not to be received in any Court of Record within this Province, until &s;uch time as the Judgment again&s;t any &s;uch per&s;on or per&s;ons &s;hall be Rever&s;ed by Attaint or otherwi&s;e as afore&s;aid, and that upon every &s;uch Rever&s;al, the party's grieved to recover their Damages as afore&s;aid, and if it happen that the &s;aid Offender to Offenders &s;o offending, &s;hall not have Goods and Chattels to the value of twenty pounds, then he &s;he or they &s;hall be &s;et on the Pillory next adjoyning to the place where he &s;he or they &s;hall be convict as afore&s;aid, and to have both Ears nailed, and be from thence forth to be di&s;credited and di&s;abled for ever to be Sworn in any the Courts of Re|cords afore&s;aid until &s;uch time as the &s;aid Judgment be Rever&s;ed, upon which he &s;he or they &s;hall recover his her or their Damages in manner and form as is before mentioned, the one moiety of all the &s;aid fines &amp; forfeitures to be to our Sovereign Lord and Lady the King and Queen for the Support of Government, and the o|ther moiety to &s;uch per&s;on or per&s;ons as &s;hall be grieved hindred or mole&s;ted, by rea&s;on of any the Offence or Offences before mentioned that will Sue for the &s;ame by Action of Debt, Bill, Plaint or Information or otherwi&s;e, in any Court of Re|cord within this Province, wherein no E&s;&s;oyn Protection or Wager of Law &s;hall be allowed.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That if any per&s;on or per&s;ons upon whom any Proce&s;s out of any the Courts of Record within this Pro|vince &s;hall be &s;erved to te&s;tifie or depo&s;e concerning any Cau&s;e or Matter depend|ing in any of the &s;ame Courts relating to the premi&s;&s;es, and having tendered unto him or them according to their E&s;tate or Calling &s;uch rea&s;onable Sum of Money or Tobacco for his and their Co&s;t and Charges, as having Regard to the di&s;tance of the place in that behalf is nece&s;&s;ary to be allowed, do not appear according to the Tenor of the &s;aid Proce&s;s having not a lawful rea&s;onable Lett or Impediment to the contrary, that then the party or party's &s;o making default &s;hall forfeit and loo&s;e for every &s;uch Offence ten pounds Sterling, and to yeild to the party griev'd &s;uch further Recompence as by the direction of the Judge of that Court out of which the &s;aid Proce&s;s &s;hall be awarded, according to the Lo&s;s and Hinderance that the party which procured the &s;aid Proce&s;s &s;hall &s;u&s;tain by rea&s;on of the non appearance of the &s;aid Witne&s;s or Witne&s;&s;es the &s;aid &s;everal Sums to be recevered by the party &s;o grieved again&s;t the Offender or Offenders by Action of Debt Bill Plaint or Information in any of their Maje&s;ty's Courts of Record in this Province, wherein no E&s;&s;oyn Protection or wager of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Settlement of an Annual Revenue upon their Maje&s;ty's Governour within this Province for the time being.</HEAD>
<P>WHEREAS by an Act of A&s;&s;embly formerly made Entituled <HI>An Act for providing a Support for the Lord Proprietary of this Province,</HI> and like|wi&s;e <HI>A Supply for defraying the publick Charges of the Government,</HI> it was by the &s;aid Act publi&s;hed and declared that from and after the fir&s;t Day of <HI>September</HI> then next en&s;uing there &s;hould be Rai&s;ed, Leavied, Collected and paid to the &s;aid Lord Proprietary the Sum of two Shillings Sterling for every Hog&s;head or quantity of a
<PB N="13" REF="10">Hog&s;head of Tobacco which &s;hould be at any time hereafter Shipped in any Ship or Ve&s;&s;el to be Exported out of this Province, on Condition that his &s;aid Lord&s;hip &s;hould Receive his Rents and Fines for Alienation of Lands in good Sound Mer|chantable Tobacco when tendered at the Rate of two pence <HI>per</HI> pound for one moiety of of the &s;aid Impo&s;ition, the other moiety by the &s;aid Act rai&s;ed to be imployed towards the maintaining a con&s;tant Magazine, and defraying other publick &amp; nece&s;&s;ary charges of the Government and whereas the Free Men of this Province now A&s;&s;embled, upon &s;trict Scrutiny made into the premi&s;&s;es, do finde his &s;aid Lord&s;hip hath not onely been very deficient, and at finall Charges and Expences in maintaining a Magazine as afore&s;aid, but that this Province hath been obliged to defray all publick Charges ari&s;ing for the Support of Government, by way of an Equal A&s;&s;e&s;&s;ment upon the Inhabitants thereof, the &s;everal Provi&s;o's in the afore recited Act to the contrary notwith&s;tanding. And whereas al&s;o his &s;aid Lord&s;hip the afore&s;aid moiety of two Shillings <HI>per</HI> Hog&s;head under pretext of maintaining a Magazine as afore&s;aid, hath hitherto converted the &s;ame to his own u&s;e, to the impoveri&s;hing of the Country and defraud of the publick, and being now incapacitated of complying with what by the &s;aid Act for the &s;aid moiety of two Shillings <HI>per</HI> Hog&s;head is required.</P>
<P>BE IT THEREFORE ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the &s;aid one &s;hilling <HI>per</HI> hog&s;head for the defraying the charges of Government afore&s;aid, commencing from this pre&s;ent Shipping as well for &s;uch Ships or Ve&s;&s;els as have already cleared before the making of this Act, as for &s;uch remaining in this Province, be Rai&s;ed, Lea|vied, Collected and paid unto our Sovereign Lord and Lady the King and Queens mo&s;t Excellent Maje&s;ty's their Heirs and Succe&s;&s;ors for the Support of their Go|vernment for the time being in and over this their Maje&s;ty's Province afore&s;aid, &amp; the Territories to the &s;ame belonging, for every Hog&s;head and quantity of an Hog&s;head of Tobacco which hath been for and during the time afore&s;aid, or which hereafter &s;hall be at any time Shipped in any Ship or Ve&s;&s;el to be exported out of this Province, or any the Territory's, I&s;lands, Ports, Rivers; Creeks, or Places thereunto belonging as afore&s;aid.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid by &amp; with the Advice &amp; Con&s;ent afore&s;aid, that the &s;aid duty &amp; Impo&s;ition &s;hall be from time to time paid &amp; &s;atisfied by the Ma&s;ter or Ma&s;ters of every &s;uch Ship or Ve&s;&s;el re&s;pectively, inwhich any &s;uch Tobacco &s;hall be exported upon his or their Clearing, and ta|king out his or their di&s;patch or di&s;patches for every &s;uch re&s;pective Ship or Ve&s;&s;el and before the departure of &s;uch Ship or Ve&s;&s;el coming into this Province, &s;hall at their fir&s;t Arrival here and before their loading on Board any Goods or Com|modity's, of the Growth, Production, or Manufacture of this Province, give good and &s;ufficient Security to his Excellency, or to the Officer thereunto e&s;pe|cially appointed for the payment of the &s;aid Duty or Impo&s;ition accordingly.</P>
<P>Provided always, and it is the true Intent and meaning hereof, that this Act nor any thing herein contained &s;hall be adjudged, con&s;trued, reputed, or taken a|ny thing herein expre&s;&s;ed to the contrary notwith&s;tanding, to di&s;anul or make void his Lord&s;hips Right to the other moiety of the &s;aid two Shillings <HI>per</HI> Hogs|head, to be paid in con&s;ideration of his Rents and Alienation Money, in Tobacco at two pence <HI>per</HI> pound during the term of his Natural Life; (but that the &s;ame be kept and hereby pre&s;erved to his Lord&s;hip in as full and ample manner as by the &s;aid Law is expre&s;&s;ed or intended) or in the lea&s;t to di&s;charge his Lord&s;hip of Receiving the Rents afore&s;aid at two pence <HI>per</HI> pound as by the &s;aid Act is in|joyn'd during al&s;o the term of his Natural Life nor to di&s;charge his Lord&s;hip from accounting for the Arrears of the one Shilling <HI>per</HI> Hog&s;head for Supporting the Government, and finding Arms and Ammunition; but that he be obliged to all the afore&s;aid matters aad things as fully and &s;trongly as if the &s;aid Law were in full Force.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That every Ma&s;ter of a Ship or Ve&s;&s;el as afore&s;aid, at the time of his clearing &s;hall upon Oath declare the quality and quantity of his Loading, and that the Naval Officer by the Governour afore&s;aid appointed for the time being &s;hall and is hereby impowerd to Admi|ni&s;ter the &s;aid Oath, and in ca&s;e the &s;aid Ma&s;ter &s;hall refu&s;e the &s;aid Oath, or upon
<PB N="14" REF="11">Su&s;picion of having Goods on Board for which he hath not cleared,, It &s;hall be Lawful for the &s;aid Naval Officer to Enter on Board any &s;uch Ship or Ve&s;&s;el, and the &s;ame to Search for any &s;uch, Goods as afore&s;aid, any thing in this Act before mentioned notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the pre&s;ervation of &s;everal Harbours within this Province.</HEAD>
<P>WHEREAS divers per&s;ons as well the Inhabitants of this Province as Foreigners hitherto trading in Ships of great Burthen, as al&s;o in other &s;mall Ve&s;&s;els have notwith&s;tanding Laws formerly Enacted again&s;t the unloading of Balla&s;t in the Creeks or Harbours where they u&s;ually Ride within this Province, incontempt of the &s;aid Laws, or by pleading Ignorance of them, notwith&s;tand|ing the Secretary's of this Province were by the &s;aid Act obliged for the time en&s;u|ing the publication thereof to deliver unto every re&s;pective Ma&s;ter a Copy of the &s;aid Law for &s;uch a Reward as by the &s;aid Law was limited and allowed, Annual|ly unloaded and ca&s;t out their Balla&s;t in &s;uch Creeks and Harbours where they u&s;ually Ride to take in their Loading, to the great damage of the chiefe&s;t and mo&s;t eminent Harbours within this Province, by rea&s;on of &s;o great number of Ships as yearly in them do Re&s;ide, for prevention whereof for the future,</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Au|thority of the &s;ame, That from and after the publication of this Act no per&s;on or per&s;ons what&s;oever, whether Inhabitant or Foreigner here Trading in Ships or Ve&s;&s;els of greater or le&s;&s;er Burthen having a Deck, &s;hall unload or ca&s;t out of their &s;aid Ships or Ve&s;&s;els any kind of Balla&s;t into the Harbours or Creeks where they u&s;ually Ride; and do not lay it to the Shoar, and lay it above high water mark, &s;hall for every &s;uch default forfeit and pay two thou&s;and pounds of Tobacco, the one half to our Sovereign Lord and Lady the King and Queen to be imployed for the Support of Government, and the other moiety to him or them that &s;hall Sue for the &s;ame, to be Recovered by Action of Debt, or Information wherein no E&s;|&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, That every re&s;pective Naval Officer within this Province, or Collector for the time being, or that hereafter &s;hall be, during the continuance of this Act, &s;hall be obliged at their own proper Co&s;ts, to take out a Copy of this Act from the Office where the Original Tran&s;cript of the Body of the Laws &s;hall be kept Signed by the Keeper of the &s;aid Laws, and the &s;ame affix at their re&s;pec|tive Office Doors, to the End all Commanders and Ma&s;ters of Ships or other Ve&s;|&s;els Decked as afore&s;aid may have due Cognizance thereof on Forfeitare of two thou&s;and pounds of Tobacco, the one half to our Sovereign Lord and Lady the King and Qeeen to be imployed for the u&s;e intent and purpo&s;e afore&s;aid, the o|ther half to the Informer, to be Recovered as afore&s;aid, any thing in the former Act to the contrary notwith&s;tanding,</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ettling a Standard with <HI>Engli&s;h</HI> Weights and Mea&s;ures in the Se|veral and Re&s;pective Counties within this Province.</HEAD>
<P>WHEREAS daily Experience &s;hews that much Fraud and Deceit is practiced in this Province of <HI>Maryland,</HI> by fal&s;e Weights and Mea&s;ures for prevention whereof for the future,</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That no Inhabitant or Trader hither, &s;hall buy or &s;ell or otherwi&s;e make u&s;e of in Trading any other Weights and Mea&s;ures then are u&s;ed and made according to the Statute of <HI>Henry</HI> the VII. King of <HI>England</HI> in that ca&s;e made and Provided, and for di&s;covery of abu&s;es of this nature, Be It Enacted that the Ju&s;tices of the &s;everal County Courts &s;hall from time totime, &amp; as often as need &s;hall require appoint &s;ome able or di&s;creet Per&s;on in their County living &amp; re&s;iding convenient for the County to take care of, look after, &amp; pre&s;erve the &s;tandard weights &amp; Mea&s;ures that at pre&s;ent are remaining in their re&s;pective County's, which per|&s;ons &s;o by the Ju&s;tices appointed, are hereby required within twelve Months after
<PB N="15" REF="11">the publication of this Law at furthe&s;t to provide all &s;uch Weights and Mea&s;ures as are wanting, according to the direction of a former Law of this Province, In|tituled <HI>An Act for the providing of a Standard with</HI> Engli&s;h <HI>Weights and Mea&s;ures in the &s;everal and re&s;pective County's within this Province,</HI> So that the &s;ame do con|tain in each County twelve half hundred Weights, a quarter, a half quarter of an hundred, a &s;eaven pound weight, four pound, two pound, and one pound, toge|ther with &s;ix Stamps for the marking and &s;tamping of Stilliards and Weights the &s;aid &s;everal Stamps to be marked according to the direction of the above&s;aid' Act, and <HI>Caecil</HI> County to be marked with the Letter K. and al&s;o Bra&s;s mea&s;ure of Ell and Yard to be Sealed in <HI>England,</HI> and likewi&s;e a Sealed Bu&s;hed, half Bu&s;hel, Peck, and Gallon of <HI>Winche&s;ter</HI> mea&s;ure, with a Gallon, Pottle, Quart, Pinte and half a Pinte of Wine mea&s;ure, with three burnt Sramps for the wooden mea&s;ures and three other Stamps for the Pewter mea&s;ure, &s;uch per&s;on or per&s;ons &s;o appoint|ed, and procuring the &s;ame or what is wanting to make good the &s;everal Stand|ards afore&s;aid, to be allowed and paid their charges and di&s;bur&s;tments in the County Leavy for the &s;ame, to which Standard all per&s;ons whether Inhabitants or Foreigners, are to repair and bring their Stilliards with which they receive To|bacco yearly, and in every year to be tryed &s;tamped and numbred, for which they are to pay to &s;uch per&s;on keeping the Standard afore&s;aid two Shillings for every time &s;uch Stilliards &s;hall be tryed and &s;tamped as afore&s;aid, and every per&s;on or per&s;ons &s;hall have their Barrels which are to contain five Bu&s;hels at lea&s;t, together with their Bu&s;hel, half Bu&s;hel, Peck, Gallon, Pottle, Quart and Pinte if they make u&s;e of the &s;ame or any of them in buying or &s;elling by, &s;hall likewi&s;e have them tryed and &s;tamped at the Standard afore&s;aid, for which they &s;hall pay for the Bar|rel one Shilling, and for all other mea&s;ures &s;ix pence a piece, under the penalty of one thou&s;and pounds of Tobacco to any per&s;on refu&s;ing or neg lecting the yearly trying and &s;tamping of his Stilliards as afore&s;aid, and the Sum of five hundred pounds of Tobacco to any per&s;on &s;elling by any of the mea&s;ures afore&s;aid refu&s;ing or neglecting to have them tryed and &s;tamped as afore&s;aid, the one half of which Forfeitures to be to the u&s;e of the poor of the Pari&s;h in which the Offen|der &s;hall dwell or re&s;ide, the other half to the Informer or Informers to be reco|vered in any Court of Record within this Province <HI>&amp;c.</HI> And if any per&s;on or per|&s;ons &s;hall refu&s;e to pay any Tobacco by &s;uch Stilliards tryed and &s;tamped as afore|&s;aid, and &s;hall thereby compel the Owner of the &s;ame to have them tryed over a|gain within the year, if the Stilliards are true, &s;uch per&s;on &s;o refu&s;ing or compel|ling as afore&s;aid, &s;hall pay for the trying the fame, but if not the Owner of the Stilliards to pay for the &s;ame, and if any per&s;on or per&s;ons having the keeping of &s;uch Standard as afore&s;aid &s;hall neglect or refu&s;e to &s;upply the defects of the &s;ame, as is before expre&s;t, and al&s;o to provide a Standard where there is none, &s;uch per|&s;ons &s;o neglecting and refu&s;ing &s;hall be fined two thou&s;and pounds of Tobacco to the u&s;es afore&s;aid, and be recovered as afore&s;aid <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act again&s;t Exce&s;&s;ive U&s;ury.</HEAD>
<P>BE It Enacted by the King &amp; Queens mo&s;t Excellent Maje&s;ty's by &amp; with the Advice &amp; con&s;ent of this pre&s;ent general A&s;&s;embly &amp; the Authority of the &s;ame, that no per&s;on or per&s;ons what&s;oever within this Province, whether Inhabitant or Foreigner, upon any contract, &s;hall from &amp; after the end of this pre&s;ent Se&s;&s;ions of A&s;|&s;embly, take exact directly or indirectly for Loane of any Mony, Wares, Merchan|dizes or other Commodity's what&s;oever, to be paid in Mony above the value of Six Pounds for the forbearance of one Hundred Pounds for one Year, and &s;o after that rate for a greater or le&s;&s;er Sum, or for a longer or &s;horter time, nor &s;hall any per&s;on or per&s;ons what&s;oever within this Province as afore&s;aid, from and after the time afore&s;aid, take directly or indirectly for Loane of any Tobacco's Wares, Merchandizes or other Commodity's for one Year, to be paid in Tobacco, or o|ther Comodity's of this Province, above the value of eight pounds of Tob acco for the forbearance of one hundred pounds of Tobacco, and aftert that rate for a greater or le&s;&s;er Sum, or for a longer or &s;horter time. And that all Bonds, Con|tracts, and A&s;&s;urances what&s;oever made after the time afore&s;aid, for payment of any principal Mony or Tobacco, Goods or Commodity's afore&s;aid, to be lent or covenanted to be performed, upon or for any U&s;ury; whereupon, or whereby
<PB N="16" REF="12">there &s;hall be re&s;erved above the rate of &s;ix pounds in the hundred for Mony as afore&s;aid, &amp; above eight pounds in the hundred for Tobacco or other Goods and Commodity's as afore&s;aid &s;hall be utterly void, &amp; that all and every per&s;on &amp; per|&s;ons what&s;oever which after the time afore&s;aid, &s;hall upon any Contract to be made, take, accept and receive by ways or means of any corrnpt Bargain, Loan, Exchange, Chievezance, Shift or Intere&s;t of any Wares, Merchandizes, or other thing or things what&s;oever, or by any deceitful ways or means, or by any Covin Engine or deceitful Conveyance for the forbearance, or giving day of payment for one whole Year, of and for their Mony, Tobacco, Goods or Commodity's afore|&s;aid, above the Sum of Mony or quantity of Tobacco afore&s;aid, for the forbear|ance afore&s;aid, &s;hall forfeit and loo&s;e for every &s;uch Offence the treble value of the Mony, Tobacco, Wares, Merchandizes and other things, &s;o lent, bargained, &s;old, exchanged and &s;hifted as afore&s;aid, the one half of the &s;aid Fine and Forfei|ture to our Sovereign Lord and Lady the King and Queen their Heirs and Suece&s;|&s;ors for the Support of this Government, the other half to him or them that &s;hall Sue for the &s;ame, to be Recovered in any Court of Record of this Province, by Action of Debt Bill Plaint or Information, wherein no E&s;&s;oyn Protection or Wa|ger of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act directing the manner of Electing and Summoning Delegates and Repre|&s;entatives to Serve in Succeeding A&s;&s;embly's.</HEAD>
<P>FORASMUCH as the Chiefe&s;t and onely Foundation and Support of any Kingdom, State or Common-Wealth is the Providing, Enacting, and E&s;tabli&s;hing good and whol&s;om Laws for the well Ruling and Government there|of, and al&s;o upon any nece&s;&s;ary and emergent Occa&s;ions to Rai&s;e and Leavy Mony for the defraying the Charges of the &s;aid Government and Defence thereof, neither of which according to the Con&s;titution of this Province can be made, or|dained, e&s;tabli&s;hed or rai&s;ed, but by and with the Con&s;ent of the Free Men of this Province, by their feveral Delegates and Repre&s;entatives by them freely nomi|nated cho&s;en and elected to &s;erve for their &s;everal City's and County's in a Gene|ral A&s;&s;embly: And forasmuch as the &s;afe&s;t and be&s;t Rule for this Province to follow in electing &s;uch Delegates and Repre&s;entatives, is the Pre&s;idents of pro|ceeding in Parliament in <HI>England</HI> as near as the Con&s;titution of this Province will admit, the Governour, Council, and Delegates of this pre&s;ent General A&s;&s;embly do humbly pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the King and Queens mo&s;t Excellent Ma|je&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and by the Authority of the &s;ame, That for the future, when and as often as his Ex|cellency the Governour of this Province for the time being &s;hall upon any Acci|dent and urgent Affair of this Province think fit and convenient to call and con|vene an A&s;&s;embly, and to &s;end Writts for Election of Burge&s;&s;es and Delegates to &s;erve in &s;uch A&s;&s;embly, the Form of the &s;aid Writt &s;hall be as followeth.</P>
<P><Q REND="margQuotes"><HI>William</HI> and <HI>Mary</HI> by the Grace of God of <HI>England Scotland France</HI> and <HI>Ire|land</HI> King and Queen Defenders of the Faith <HI>&amp;c.</HI> To the Sherrif of County greeting, The&s;e are to Authorize and Impower you immediately upon Receit hereof, to call together four or more Commi&s;&s;ioners of your County, with the Clerk, who are hereby required to Sit as a Court, and during their Sitting, by Vertue of your Office to make or cau&s;e to be made publick Proclamation, thereby giving notice to all the Freemen of your &s;aid County, who have with|in your &s;aid County a Freehold of fifty Acres of Land, or a vi&s;ible E&s;tate of fourty pounds Sterling at the lea&s;t, requiring them to appear at the next County Court to be holden for your County at a certain day within a rea&s;onable time after &s;uch Proclamation made for Electing and Choo&s;ing of Deputy's and Dele|gates to &s;erve in your County in a general A&s;&s;embly, to be holden at the City of St. <HI>Mary's</HI> the day of at which time of Proclamation afore&s;aid,, the &s;aid Freemen &s;o required to appear, or the major part of &s;uch of them as &s;hall then appear, &s;hall and may and are hereby Authorized and Required to Elect &amp; Choo&s;e four &s;everal and &s;ufficient Freemen of your County, each of them have|ing a Freehold of fifty Acres of Land, or vi&s;ible E&s;tate of fourty pounds Ster|ling at the lea&s;t within your County; and you &s;hall give to each of them &s;eve|rally
<PB N="17" REF="12">and re&s;pectively, by four &s;everal and re&s;pective Indentures under their Hands and Seals to be Deputy's and Delegates for your County at the &s;aid next General A&s;&s;embly, to do and con&s;ent to tho&s;e things, which then by the favour of God &s;hall happen to be Ordained by the Advice and Con&s;ent of the great Council of this Province, concerning &s;uch Occa&s;ions and Affairs as &s;hall Relate to the Government, State and Defence of this Province. But we will not in any ca&s;e that you, or any other Sherrif in our &s;aid Province be Elected, which &s;aid Indentures &s;hall be between you the &s;aid Sherrif of the one part, and the &s;aid Freemen Electing on the other part, and &s;hall bear date the &s;ame Day upon which the &s;aid Election &s;hall be made, and that upon &s;uch Election, you the Sherrif &s;hall &s;o &s;oon as conveniently may be, Certifie and Transmit to the Chan|cellor of this Province for the time being one part of the &s;aid &s;everal and re&s;pect|ive Indentures, clo&s;e Sealed up under your Hand and Seal, and directed to the Governour of this Province, and al&s;o to the Chancellor; and the other part of the &s;aid Indentures you are to keep for your Ju&s;tification. Witne&s;s <HI>Lyonel Copley</HI> <ABBR>E&s;q</ABBR> Capt' General and Chief Governour of this Province <HI>&amp;c.</HI></Q></P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That two Citizens to Serve in the &s;aid A&s;&s;embly for the City of St. <HI>Marys,</HI> to be Nominated, Elected, Cho&s;en and Appointed by the Mayor, Recorder, Aldermen and Common Council as heretofore hath been u&s;ual.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, That the afore&s;aid four Delegates to be Elected in the Re&s;pective County's within this Province, &amp; the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Cityzens of the City of St. <HI>Mary's,</HI> be and are hereby bound and obliged to at|tend the time and place of the meeting of &s;uch A&s;&s;embly without any further Writ or Summons to be to them &s;ent, under the penalty of &s;uch Fines as &s;hall be by the Hou&s;e of A&s;&s;embly impos'd upon them, unle&s;s upon &s;ufficient Excu&s;e to be ad|mitted by the &s;aid Hou&s;e of A&s;&s;embly their Ab&s;ence to be dispenced withall, any Law Statute U&s;uage or Cu&s;tom to the contrary notwich&s;tanding.</P>
<P>And Be It al&s;o Enacted by the Authority afore&s;aid, That any Sherrif that &s;hall Refu&s;e and Neglect to make Return of the Delegates &s;o Elected by Indenture as afore&s;aid, before the Day of Sitting of &s;uch A&s;&s;embly, or that &s;hall make any un|due or illegal Returns of &s;uch Elections, &s;hall for every Fault be fined one thou|&s;and pounds Sterling, the one half for their Maje&s;ty's for the Support of the Go|vernment, and the other half to the Informer, or him or them that &s;hall Sue for the &s;ame, to be Recovered in any Court of Record in this Province, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>Provided neverthele&s;s, That this Act or any thing herein contained &s;hall not Extend to be Con&s;trued to Exclude any County or County's, City or City's Bur|rough or Burroughs hereafter by their Maje&s;ty's their Heirs or bucce&s;&s;ors to be Elected and made within this Province, from the Liberty of &s;uch Elections of De|legates and Repre&s;entatives as is before Expre&s;t; But that &s;uch Writt as afore&s;aid &s;hall upon calling every General A&s;&s;embly for this Province for the future, to the Sherrif of every &s;uch County when the &s;ame &s;hall be erected and made into a County as afore&s;aid, And to the Mayor Recorder and Aldermen of every &s;uch City or Burrough Commanding of &s;uch Sherrif or Mayor Recorder and Aldermen to cau&s;e four Freemen of the &s;aid County, and two Freemen of the &s;aid City or Burrough qualified as in the &s;aid Writt is expre&s;t, to Serve as Delegates and Re|pre&s;emtatives of the fame County City or Burrough in the General A&s;&s;embly then next en&s;uing, which &s;aid four Delegates for every &s;uch County, and two for the City and Burrough &s;hall from henceforth be Reputed and E&s;teemed to be Members of the Hou&s;e of the General A&s;&s;embly of this Province, any thing in this Act to the contrary in any wi&s;e notwith&s;tanding.</P>
<P>Provided al&s;o that no Ordinary Keeper within this Province during the term of his keeping Ordinary, &s;hall be Elected, Cho&s;en, or Serve as a Deputy or Re|pre&s;entative in the &s;aid general A&s;&s;embly, &s;o to be hereafter Called, Convened and appointed as afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="18" REF="13">
<HEAD>An Act of Repeal of all Laws heretofore made in this Province, and Confirm|ing all Laws made this General A&s;&s;embly.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all Laws heretofore made within this Province be, and for ever hereby &s;tand Repealed, Annulled and Void, and that all Laws now made and a&s;&s;ented to this pre&s;ent General A&s;&s;embly (and no other) be and remain in full Force and Power, according to the true Intent and Meaning there|of; And that the &s;ame be accounted and e&s;teemed as the Body of the Laws of this Province, and no other heretofore made.</P>
<P>Provided always, That this Law &s;hall not Extend, or be Con&s;trued to make void any per&s;ons Right by Acts of Naturalization, or any private Acts hereto|fore made relating to any private per&s;ons, but that the &s;ame be hereby kept and pre&s;erved to the &Egr; according to the true Intent and Meaning thereof, any thing herein to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for quieting of Po&s;&s;e&s;&s;ions.</HEAD>
<P>FORASMUCH as a good and beneficial Law Intituled <HI>an Act for quiet|ing of Po&s;&s;e&s;&s;ions,</HI> was made the &s;eaven and twentieth Day of <HI>March Anno Domini</HI> 1671. in this Province, which by the u&s;e thereof hath been found very much conducing to the Benefit of the people of the &s;aid Province.</P>
<P>BE IT THEREFORE ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all Sales, Gifts and Grants at any time before the &s;aid XXVII Day of <HI>March Anno Domini</HI> 1671. and not after of any Lands Tenements or Hereditaments within this Province, by any per&s;on <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Per&s;ons what&s;oever, that Right had to Sell, give or grant &s;uch Lands Tenement or Hereditaments made by Writing onely, with or without Seal, &s;hall <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> hereafter be accounted good and vailable in Law, to barr the Heirs or <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> of &s;uch Vendors, Donors or Grantors any Error in the Form onely of &s;uch Writing to the contrary notwith&s;tanding. And forasmuch as divers A&s;&s;ignments of P<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|tents written on the back &s;ide of &s;uch Pattent for Land are now worn out, and a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|&s;o many other Sales in Paper either worn out, or quite lo&s;t, for which the purcha&s;e Mony hath been <HI>bona Fide</HI> paid.</P>
<P>Be It Further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, That all Sales, Gifts or Grants at any time before the Day and Year afore&s;aid, made by per&s;ons that Right had as afore&s;aid, if either the Sale. Gift, Grant or Payment <HI>bona Fide</HI> can be proved by Witne&s;s, &s;uch Sale &s;hall for ever hereafter be accounted good and available in Law to barr the Heirs and Ex|ecutors of &s;uch Vendors, Donors, or Grantors, or either per&s;ons claiming Dower from &s;uch Vendor, Donor or Grantor; any Law U&s;uage or Cu&s;tom to the con|trary hereof notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act prohibiting Commi&s;&s;ioners, Sherrifs, Clarks, and deputy Clarks to plead as Attorneys in their Re&s;pective County Courts.</HEAD>
<P>WHEREAS many Inconveniency's have happen'd to divers per&s;ons within this Province, by means of Commi&s;&s;ioners, Sherrifs, and Clarks pleading as Attorneys in their Re&s;pective Courts wherein they bear Office, for prevention whereof for the future,</P>
<P>BE IT THEREFORE ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from and after the publication of this Act no Commi&s;&s;ioner, Sherrif, or deputy Sherrif, Clark or deputy Clark of tho&s;e Courts wherein they bear Office, &s;hall plead as Attorney for or in behalf of any per&s;on or per&s;ons at that time re&s;iding or being within this Province upon the penalty of three thou&s;and pounds of Tobacco, the one half thereof to their &s;aid Maje&s;ty's for the Support of Government, the other moiety to the Informer, or him or them that &s;hall Sue for the &s;ame, to be recovered in any Court or Courts of Record within this Province, by Bill Plaint or Information, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="19" REF="13">
<HEAD>An Act again&s;t the Importation of Convicted Felons into this Province.</HEAD>
<P>WHEREAS &s;everal Ma&s;ters of Ships, Merchants, Sailors and others, have|ing u&s;ed to import into this Province &s;everal Notorious Felons and Male|factors which in &s;everal of their Maje&s;ty's Courts have been Convicted of Crimes and Felony's as afore&s;aid, and afterwards procured by Ma&s;ters of Ships, Mer|chants, Sailors and others out of the Common Goal to Import into this Province, and here to &s;ell and di&s;po&s;e of &s;uch Felons and Malefactors as Servants,, to the geaat prejudice and grievance of the good people of this Province, for prevention whereof for the future,</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from and after the publication hereof, at every Of|fice and Place where Ships and Ve&s;&s;els &s;hall be appointed to be Entred and Clear|ed, the Clerk of &s;uch Office, or per&s;ons appointed for the Clearing and <GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">ing of Ships and Ve&s;&s;els &s;hall admini&s;ter an Oath to every Ma&s;ter of a Ship when he comes to Enter, that he &s;hall declare whether any Servant on Board his Ship be Felons Convict as afore&s;aid, and if it &s;hall appear by his Oath that they are &s;uch, then the &s;aid Officer &s;hall take good Security of the &s;aid Ma&s;ter, not to &s;ell or &s;uffer the &s;ame to be &s;old, given or otherwi&s;e di&s;po&s;ed of in this Province, but &s;hall tran&s;port them and every of them out of this Province, before he or his &s;aid Ship &s;hall depart out of this Province, or in his own Ship when the &s;ame departs this Province.</P>
<P>And It is further Enacted by and with the Advice and Con&s;ent afore&s;aid. That no Ma&s;ter of a Ship, Merchant, Sailor, or any pother er&s;on or per&s;ons what&s;oever, &s;hall pre&s;ume to import into this Province any &s;uch convicted Felons or Malefac|tors what&s;oever, to &s;ell, pay, give, or in any other manner to di&s;po&s;e of, either to their own Plantations (if any they have) or to any Inhabitant in this Province what&s;oever.</P>
<P>And Be It Further Enacted by the Anthority afore&s;aid, That if any Ma&s;ter of a Ship, Merchant, Sailor or other per&s;on what&s;oever, from and after the publica|tion of this Act, &s;hall import and bring into this Province &s;uch convicted per&s;ons or malefacters and &s;hall give, &s;ell, pay or any other ways d<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;po&s;e of unto any <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n|habitant of this Province, &s;hall forfeit and pay for every &s;uch convicted Felon or Malefactor &s;o imported, &s;old, given, paid or any other ways di&s;po&s;ed of to any In|habitant of this Province the Sum of two thou&s;ond pounds of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">obacco, the one half to their Maje&s;ty's for the Support of Government, the other half to the In|former, or him or them that &s;hall Sue for the &s;ame, to be recovered by Bill Plaint or Information, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for appointing Court Days in each Re&s;pective County within this Province.</HEAD>
<P>TO the Intent that Court Days may be a&s;certained, and that the Commi&s;&s;i|oners within their Re&s;pective County's may know ju&s;tly when to attend, BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;lembly and the Authority of the &s;ame, that for the future St. <HI>Marys. Baltemore and Dorche&s;ter</HI> County Courts &s;hall be held the fir&s;t Tue&s;day in <HI>September, November, January, March June</HI> for the Orphans; and the fir&s;t Tue&s;day in <HI>Augu&s;t. For Ann-Arurde<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">l, Charles, Somer&s;et and Coecil</HI> County's, the &s;econd Tue&s;day in <HI>September, Novem|ber, January, March June</HI> for the Orphans, and the <HI>2d</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ue&s;day in <HI>Augu&s;t.</HI> For <HI>Calvert and Talbot</HI> County's, the third Tue&s;day in <HI>September, November, January March June</HI> for the Orphans, and the third Tue&s;day in <HI>Augu&s;t. For Kent</HI> County the fourth Tue&s;day in <HI>September, November, January, March June</HI> for the Or|phans, and the fourth Tue&s;day in <HI>Augu&s;t.</HI></P>
<P>And Be It Further Enacted by the Authority afore&s;aid, that every Commi&s;&s;io|ner that &s;hall not appear and attend at &s;uch place appointed for the Court to be held in his re&s;pective County at the time limited and appointed, &s;hall be fined two hundred pounds of Tobacco, for and towards the Pillory Stocks and whip|ping Po&s;t for the Execution of Ju&s;tice, or to be di&s;po&s;ed of as the Court then Sit|ting
<PB N="20" REF="14">&s;hall think fit, unle&s;s &s;uch Commi&s;&s;ioner or Commi&s;&s;ioners make Lawful Ex|cu&s;e to be allowed of by the Court, and forasmuch as it happens many times in the Winter Sea&s;on e&s;pecially, that but two or three of the Commi&s;&s;ioners do meet and attend upon the Days &s;et and appointed as afore&s;aid, whereby all Pro|ce&s;s made Returnable that Court do fall and abate, and the &s;everal Plaintifs are forced to Sue out new Writts to the great damage and delay of Suitors.</P>
<P>Be It Therefore Enacted by the Authority afore&s;aid, that any two or three of the Commi&s;&s;ioners, whereof one to be of the Quorum meeting as afore&s;aid, be hereby fully Authorized and Impowered to adjourn the Court to &s;ome &s;hort time after as to them &s;hall &s;eem meet, and that no Suit for want of a full Court do fall or abate, but the &s;ame &s;hall be continued till the next Court, to be held according to &s;uch adjournment as afore&s;aid, and that if the fir&s;t Day appointed by this Act for the holding the &s;everal and re&s;pective Courts be not time enough to do the bu|&s;ine&s;s in that Court depending, then the Ju&s;tices of &s;uch Court are hereby Impow|ered to adjourn from Day to Day until &s;uch time as the bu&s;ine&s;s returnable and tryable in that Court &s;hall be fini&s;hed, and whereas there have &s;ome Scruples ari|&s;en by the Commi&s;&s;ioners of the re&s;pective County Courts, whether they &s;hall or may do any other bu&s;ine&s;s in every <HI>June</HI> Court in every re&s;pective Year, then what was concerning Orphans, the true Intent and Meaning of this Act is, that the Commi&s;&s;ioners of every re&s;pective County Court may and ought to do, hear, judge and determin any bu&s;ine&s;s depending in the &s;aid Court, at the &s;ame <HI>June</HI> Court between any per&s;ons what&s;oever, as well as relating to any Orphans Bu|fine&s;s.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the puhlication of Marriages.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all per&s;ons who &s;hall de&s;ire Marriage &s;hall ap|ply them&s;elves either to a Mini&s;ter, Pa&s;tor or Magi&s;trate for the coneracting there|of.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, that all per&s;ons within this Province intending Marriage, &s;hall make publication thereof either at the Church, Chapel, County Court or Meeting Hou&s;e next where they dwell, and that at &s;uch time when &s;uch Church, Chapel or Meeting Hou&s;e &s;hall be full, and thereby capable to take cognizance thereof, and that it &s;hall and may be Lawful upon &s;uch Certificate had from the Mini&s;ter, Pa&s;tor or County Court when &s;uch application &s;hall have been made, of three Weeks after the &s;aid publication, for either Mini&s;ter, Pa&s;tor ot Magi&s;trate to join in Marriage &s;uch per&s;ons afore&s;aid; and if any per&s;on &s;hall pre&s;ume to contract Marriage without &s;uch publication made, and Certificate thereof had as afore&s;aid, or without particular Licence from the Governour for the time being, do privatly within the Limits of this Pro|vince contract Marriage, every per&s;on &s;o contracted or married &s;hall be lyable to a Fine of one thou&s;and pounds of Tobacco, and every &s;uch Mini&s;ter, Pa&s;tor or Magi&s;trate joyning in Marriage any per&s;ons without &s;uch publication or Licence or any ways infringing this Act, &s;hall be lyable to a Fine of five thou&s;and pounds of Tobacco, the one half of the &s;aid Fines to our Lord and Lady the King and Queen their Heirs and Succe&s;&s;ers for the Support of Government, and the other half to the Informer, to be recovered by Bill Plaint Action of Debt or Information in any Court of Record, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be It further Enacted, that all &s;uch Marriages as &s;hall not be made before &s;ome Mini&s;ter, Pa&s;tor or Magi&s;trate with five &s;ufficient Witne&s;&s;es at lea&s;t, accor|ding to the form aforementioned, &s;hall and are hereby declared null and void.</P>
<P>And Be It further Enacted by the Authority afore &s;aid, that all Mini&s;ters Pa&s;tors and Magi&s;trates, who according to the Law of this Province do u&s;ually joyn peo|ple in Marriage, &s;hall joyn them in manner and form as is &s;et down &amp; expre&s;t in the Liturgy of the Church of <HI>England,</HI> which being fini&s;hed, the Mini&s;ter, Pa&s;tor or Magi&s;trate &s;hall &s;ay, (I being hereunto by Law Authorized do pronounce you Lawful Man and Wife)</P>
<PB N="21" REF="14">
<P>And Be It Further Enacted by the Authority afore&s;aid, that the Mini&s;ter, Pa&s;t|er, or Magi&s;trate by Vertue of this Act are impowered to ask, demand and receive from the Party's &s;o married or joyned together the Sum of one hundred pounds of Tobacco.</P>
<P><HI>MARYLAND &s;&s;.</HI></P>
<P>At a Se&s;&s;ion of A&s;&s;embly begun and held at the City of St. <HI>Mary's</HI> in their Ma|je&s;ty's Province of <HI>Maryland</HI> the <HI>21&s;t.</HI> Day of <HI>September</HI> in the VI Year of of the Reign of our Sovereign Lord and Lady <HI>WILLIAM</HI> and <HI>MARY</HI> by the Grace of God of <HI>England Scotland France</HI> and <HI>Ireland</HI> King and Queen Defenders of the Faith <HI>&amp;c. Anno Domine</HI> 1694. His Excellency <HI>FRANCIS NICHOLSON</HI> <ABBR>E&s;q</ABBR> be|ing then Governour in Chief and Captain General, the&s;e following Laws were Enacted, to the Honour and Glory of GOD, and wel|fare of this his Maje&s;ty's Province.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the Incouragement of Learning, and Advancement of the Natives of this Province.</HEAD>
<P>FORASMUCH as that it hath frequently happened that per&s;ons com|ing into this your Maje&s;ty's Province of <HI>Maryland,</HI> either out of Nece&s;&s;ity or hopes of Advancement, have been introduced into the chief places and Offices of tru&s;t and profit upon private recommendation or particular Promi&s;e beforehand, made by &s;uch per&s;on or per&s;ons in who&s;e Power and Authority the di&s;po&s;ing of, and preferring of and to &s;uch places and Offices of Tru&s;t and Profit afore&s;aid, did remain to the great di&s;couragement of tho&s;e per&s;ons that are qualified for the Exe|cution of any the &s;aid places and Offices afore&s;aid, who being Inhabitants thereof have at all times as occa&s;ion required adventured their Lives &amp; Fortunes for the Defence of this your Maje&s;ty's Dominions, again&s;t all Dome&s;tick In&s;urrections &amp; Indian Incur&s;ions, that have hitherto been made or attempted to be made to their no &s;mall Charge and Expence; therefore we your Maje&s;ty's mo&s;t Humble and mo&s;t Loyal Subjects do humbly pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the King and Queens mo&s;t Excellent Ma|je&s;ty's by and with the Advice and Con&s;ent of this gre&s;ent General A&s;&s;embly and the Authority of the &s;ame that from and after the publication hereof, no per&s;on or per&s;ons what&s;oever coming into this Province, &amp; who have not made it their Seat of Re&s;idency for the full &s;pace and time of three Years, &s;hall have, hold, po&s;&s;e&s;s or enjoy any place or Office of Tru&s;t or Profit within the &s;ame, either by him&s;elf or Deputy, except &s;uch per&s;on or per&s;ons as &s;hall have your Maje&s;ty's immediate Commi&s;&s;ion for any &s;uch place or Office afore&s;aid, as al&s;o &s;uch per&s;on or per&s;ons now po&s;&s;e&s;t of any &s;uch places or Offices as afore&s;aid, but that all and every your Maje&s;ty's principal Officers within this Province, having Power, Preheminence, or Authority, by vertue of any Commi&s;&s;ion from your mo&s;t Sacred Maje&s;ty's to him or them granted, to di&s;po&s;e of any &s;uch Offices or places as afore&s;aid, may upon vacancy of any place or Office whereof they have Right to di&s;po&s;e, or to prefer any per&s;on or per&s;ons thereinto, being obliged to make Choice of &s;uch per|&s;on or per&s;ons as they &s;hall think mo&s;t worthy and capable of executing of &s;uch place or Office as afore&s;aid out of the Inhabitants of this your Maje&s;ty's Province, and who have been Re&s;ident therein for and during the time and term afore&s;aid, (except before excepted) any Co&s;tom or U&s;uage to the contrary notwith&s;tand|ing.</P>
<P>And Be It further Enacted by the Authority afore&s;aid, that no per&s;on or per|&s;ons what&s;oever, having your mo&s;t Sacred Maje&s;ty's Commi&s;&s;ion to exerci&s;e any Office within this Province, &s;hall be obliged actually to inhabit within this Pro|vince, and exerci&s;e the &s;ame in his own proper per&s;on, and not by any Deputy or Deputy's.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="22" REF="15">
<HEAD>An Act prohibiting all Ma&s;ters of Ships or Ve&s;&s;els or any other Per&s;ons from tran&s;porting or conveying away any per&s;on or per&s;ons out of this Proince without Pa&s;&s;es.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from and after the publication hereof, any per|&s;on or per&s;ons what&s;oever intending to depart this Province,, &s;hall fir&s;t give no|tice of his her or their intended departure, by &s;etting up his her or their Name or Names at the Secretary's Office the full &s;pace of three Months, that if in the time afore&s;aid, no per&s;on &s;hall under write the &s;aid per&s;on or per&s;ons &s;o &s;etting his or their re&s;pective Name or Names as afore&s;aid, It &s;hall then be Lawful for the Go|vernour, Keeper of the great Seal, or Secretary of this Province for the time be|ing, to Sign a Pa&s;s to any &s;uch per&s;on or per&s;ons to depart this Province, for which Pa&s;s the Party &s;hall pay to the per&s;on &s;igning the &s;ame the Sum of two Shillings and &s;ix pence Sterling, and if any per&s;on or per&s;ons upon any &s;uddain or emergent occa&s;ion are nece&s;&s;itated to depart this Province, not having &s;et up his her or their Name or Names at the Secretary's Office afore&s;aid, then &s;uch per|&s;on or per&s;ons giving good and &s;ufficient Security to the Governout, Keeper of the great Seal or Secretary to di&s;charge and pay all Debts and Accounts what&s;oever, due and owing from the &s;aid per&s;ons to any of the Inhabitants, then the &s;aid per|&s;on or per&s;ons &s;o departing may have a Pa&s;s as afore&s;aid.</P>
<P>And Be It Further Enacted, that any Ma&s;ter of Ships or Ve&s;&s;els or other per|&s;ons what&s;oever, that &s;hall tran&s;port or convey out of this Province, by Land or Water any Freeman being indebted by Bill, Bond, Accompt or otherwi&s;e to any Inhabitant thereof without &s;uch pa&s;s under the Hand of the Governour, Chancel|lor or Secretary afore&s;aid, &s;hall be lyable to &s;atisfie all &s;uch Debts, Ingagements and Damages to the per&s;on or per&s;ons to whom &s;uch Debt or Damages re&s;pective|ly &s;hall be due within this Province, except the &s;ame be otherwi&s;e &s;atisfied, or that the Tran&s;portor or Conveyor away of &s;uch per&s;on or per&s;ons procure &s;uch per&s;on or per&s;ons to return again in one Month after, whereby he may be lyable to Ju&s;tice here, and every &s;uch per&s;on as afore&s;aid as &s;hall tran&s;port or convey a|way out of this Province any Servant or Servants being Servants here by Condi|tion, for Wages, Indenture, or cu&s;tom of the Country, &s;hall be lyable for to pay &amp; &s;atisfie unto the Ma&s;ter or Owner of &s;uch Servant or Servants &s;o carried away all &s;uch Damages as he or they &s;hall make appear to be ju&s;tly due, to &s;uch Ma&s;ter or Owner for want of &s;uch Servant or Servants as the Court before whom &s;uch cau&s;e &s;hall be tryed &s;hall think fit; And whereas &s;everal evil minded people inhabiting and re&s;iding at the Head of the Bay, have cu&s;tomarily &s;et per&s;ons over the Head of the Bay, and <HI>Su&s;quehanah</HI> River, being either Felons, Debtors, or Runaway Servants from the more remoter parts of this Province, for &s;ome &s;mall advantage they have in buying or getting &s;uch Mony, Goods, or Apparel as &s;uch per&s;ons &s;o ab&s;enting or flying from Ju&s;tice afore&s;aid have with them commonly Mony, Goods, or Apparel by them &s;eloniou&s;ly purloyned from their Ma&s;ters and other Owners, by which means they may have ea&s;y Acce&s;s to another Government, in retardation of Ju&s;tice, and to the great Damage of &s;uch Creditors, Ma&s;ters or Owners afore&s;aid.</P>
<P>Be It therefore Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that from and after the publication hereof, no per&s;on or per|&s;ons inhabiting or being at the Head of the Bay, or in any other part of this Pro|vince &s;hall tran&s;port or convey, or cau&s;e to be tran&s;ported or conveyed any per|&s;on or per&s;ons over <HI>Su&s;quehanah</HI> River afore&s;aid, or any other part of the Bay a|bove the North &s;ide of <HI>Sa&s;&s;afra&s;s</HI> River on the Ea&s;tern &s;ide of the Bay not having pa&s;&s;es &s;o procured as afore&s;aid, or a Certificate from under the Hands of two Ju&s;t|ices of the Peace of that County where &s;uch per&s;on or per&s;ons intending to travel &s;hall inhabit and the County Seal affixed thereunto, certifying the freedom of &s;uch per&s;ons, and that he &s;he or they are clear to the be&s;t of their knowledge from any ingagements impediting their traveling as afore&s;aid, on penalty of an|&s;wering all &s;uch Debt or Damages to Creditors, Ma&s;ters or other Owners of Ser|vants, to be recover'd as by this Law is provided, again&s;t &s;uch as &s;hall actually &s;et them out of this Provine<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, any matter or thing herein contained to the contrary notwith&s;tanding.</P>
<PB N="23" REF="15">
<P><HI>An Act Confirming and making valid the la&s;t Will and Te&s;tament of</HI> Augu&s;tin Herman <HI>late of</HI> Caecil <HI>County Gent' as it now &s;tands Recorded in the Commi&s;&s;ary Generals Office of this Province.</HI></P>
<P><HI>An Act for the Naturalization of</HI> Peter Ferdinando <HI>and his Children of</HI> An|drew Imbert, Claudius Dutitree, Gerardus Wee&s;&s;els <HI>and</HI> James <HI>his Son,</HI> Abraham Ambro&s;e, Lewis de Roch Brune, John de Vagha Herman Van Burkelo, Nicolaes de la Montaigne, Henderick Sluyter, <HI>and</HI> Jacob Sluiter Junior</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act touching Coopers, and the Gauge of Tobacco Hog&s;heads.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty' by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly ands the Authority of the &s;ame, that all Tobacco Hog&s;heads that &s;hall hereafter be made within this Province, &s;hall be of the &s;ize of 48 Inches in length, &amp; 32 Inches in the head, and not under the &s;ize of 46 Inches in length, and 31 Inches in the head, and that what Cooper or Coopers, or other per&s;on or per&s;ons that &s;hall make Tobacco Hog&s;heads and do not ob&s;erve the Gauge afore&s;aid &s;hall forfeit the &s;aid Cask, &amp; upon complaint thereof made the matter of fact being proved by two good and &s;ufficient Evidences, it &s;hall and may be Lawful for the Ju&s;tices of that re&s;pective County Court where &s;uch per&s;on or per&s;ons do inhabit to give Judg|ment thereupon to the party or parties grieved, and that any Cooper or Coopers per&s;on or per&s;ons what&s;oever, that &s;hall agree with any the Inhabitants of this Province, and undertake with him or them to &s;et up or make his or their Tobacco Hog&s;heads and Casks, &s;hall and are hereby injoyned to &s;et up and fini&s;h one half of the &s;aid Tobacco Hog&s;heads and Casks by the tenth Day of <HI>October</HI> next en&s;u|ing the undertaking the making of &s;uch Tobacco Hog&s;heads and Casks as afore|&s;aid, &amp; the other mojety or half part of the &s;aid Tobacco Hog&s;heads &amp; Casks to &s;et up &amp; fini&s;h by or before the tenth Day of <HI>December</HI> next en&s;uing &s;uch Contract as afore&s;aid, and if any Cooper or Coopers, per&s;on or per&s;ons what&s;oever within this Province, &s;o agreeing and undertaking the &s;ame as afore&s;aid, &s;hall wilfully or otherwi&s;e neglect to make, &s;et up, compleat and fini&s;h the &s;aid Tobacco Hogs|heads and Cask afore&s;aid, according to &s;uch Gauge and by &s;uch time as afore&s;aid, he &s;hall forfeit the Sum of one hundred pounds of Tobacco for every Tun of Cask and Tobacco Hog&s;heads left at the time and times afore&s;aid unmade, not &s;et up, or unfini&s;hed, to be recovered in the &s;everal and re&s;pective County Courts where the party or paties, Cooper or Coopers do at that time dwell or re&s;ide, unle&s;s the Cooper or Coopers, per&s;on or per&s;ons agreeing or undertaking the &s;aid work or task afore&s;aid &s;hall or can before the Commi&s;&s;ioners of &s;uch County Court make it &s;ufficiently appear that he was hindred in performing the &s;aid agreement by fik|ne&s;s or &s;ome other Lawful Impedement, which Plea &s;hall be adjudged of by the &s;aid Commi&s;&s;ioners of the &s;everal and re&s;pective County's afore&s;aid.</P>
<P>And Be it al&s;o Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con&s;ent afore&s;aid, than from and after the publication hereof, all Merchants, Traders, Planters and other Inhabitants of this Province making any Cropp of Tobacco &s;hall provide, and cau&s;e to be fallen and fawed by the la&s;t Day of <HI>April</HI> by the furthe&s;t every Year Re&s;pectively, all &s;uch Timber as he intended or allot|ted for the making Tobacco Hog&s;heads to the intent the &s;ame may be well fea|&s;oned, under the penalty of one hundred pounds of Tobacco for every Hog&s;head he or they &s;hall have &s;et up or made of any other Timber than what &s;hall be &s;ea|&s;oned as afore&s;aid, one half to our Sovereign Lord and Lady the King &amp; Queen, their Heirs and Succe&s;&s;ors for the Support of this Government, the other half to him or them that &s;hall Sue for the &s;ame, to be Recovered in any Court of Record
<PB N="24" REF="16">within this Province, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, by and with the Ad|vice and Con&s;ent afore&s;aid, that no Tobacco Hog&s;head or Cask for Tobacco &s;hall be &s;et up or made by any Cooper or Coopers what&s;oever of any other Tim|ber then what is herein before provided, and the &s;ame to be hewen and riven into &s;taves and heading by the la&s;t Day of <HI>July</HI> in every Year re&s;pectively, &amp; that &s;uch Cooper, Coopers or other per&s;ons undertaking to &s;et up &s;uch Tobacco Hog&s;heads as afore&s;aid, do at the compleating and fini&s;hing of the &s;aid Hog&s;heads at each re|&s;pective Hou&s;e, burn in the Bulge of each re&s;pective Hog&s;head by him &s;et up as afore&s;aid with a brand Iron the two fir&s;t Letters of his Name, and every Hogs|head by him &s;o branded to weigh, and the true weight thereof with marking Irons to cut into the Bulge afore&s;aid, on penalty &amp; forfeiture of the Lo&s;s of his Labour for every Cask or Hog&s;head not branded as afore&s;aid to the Imployer of &s;uch Cooper, as al&s;o the Sum of one hundred pounds of Tobacco for every Hog&s;head by him fal&s;ly weighed or marked as afore&s;aid, one half thereof to our Sovereign Lord and Lady the King and Queen their Heirs and Succe&s;&s;ors for the u&s;e afore|&s;aid, the other half to him or them that &s;hall Sue for the &s;ame to be recovered as afore&s;aid.</P>
<P>Provided that this Act nor any thing therein contained &s;hall be con&s;trued or ta|ken to prejudice any Cooper or Coopers, or other per&s;on or per&s;ons from under|taking to &s;et up Tobacco Hog&s;heads as afore&s;aid for any <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rror or Mi&s;take in the weight of each Re&s;pective Hog&s;head by him &s;o weighed and marked as afore&s;aid, not exceeding five pounds weight in the Hog&s;head; and that all and every per|&s;on and per&s;ons what&s;oever that &s;hall undertake to make his or their own Cask, &s;hall and are hereby obliged to brand, mark and weigh every re&s;pective Hog&s;head by him &s;o made, under the &s;ame penalty and forfeiture as is beforementioned and expre&s;&s;ed.</P>
<P>And Be It Further Enacted by the Anthority afore&s;aid, by &amp; with the Advice &amp; Con&s;ent afore&s;aid, that every Ma&s;ter or other Owner of any Servants or <HI>Negro<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s</HI> Coopers, or that &s;hall imploy any Servant or <HI>Negro</HI> to &s;et up his her or their Cask or Tobacco Hog&s;heads, &s;uch Ma&s;ter or other Owner &s;hall be obliged to fall, &s;aw, rive, hew, and &s;et up &s;uch their Tobacco Hog&s;heads within the &s;everal and re&s;pec|tive times as by this Law is before limitted and appointed, and them when fini&s;h|ed to brand mark and weigh under the &s;ame penalties and forfeitures as is before provided again&s;t Coopers and other per&s;ons undertaking to &s;et up Tobacco Hogs|heads as afore&s;aid, In con&s;ideration of all which, the Receiver of any Hog&s;head of Tobacco &s;hall pay and allow to the Owner or Owners thereof for each Hogs|head Received the Sum of fourty pounds of Tobacco, deducting out of the gro&s;s Weight the true Weight of each Hog&s;head marked on the Bulge afore&s;aid and no more, any other Act to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Confirmation of all Proceedings Judicial Military and Civil, from the death of his Excellency <HI>Lyonel Copley <ABBR>E&s;q</ABBR></HI> their Maje&s;ty's late Go|vernour and Capt' General of <HI>Maryland &amp;c.</HI> unto the Arrival of his pre&s;ent Excellency <HI>Francis Nichol&s;on <ABBR>E&s;q</ABBR></HI> the pre&s;ent Governour thereof.</HEAD>
<P>WHEREAS upon the death of <HI>Lyonel Copley <ABBR>E&s;q</ABBR></HI> late Governour of <HI>Maryland,</HI> Sir <HI>Edmund Andro&s;s</HI> Knight Governour of <HI>Virginia,</HI> in their Maje&s;ties Names did a&s;&s;ume and take upon him the Government and Chief Com|mand of this Province, by vertue of a Commi&s;&s;ion from their Maje&s;ty's, bearing date the third Day of <HI>March Anno Domini</HI> 1691. in the fourth Year of their Ma|je&s;ty's Reign under their Signet and Sign Mannual, wherein and whereby their Maje&s;ty's were plea&s;ed by tho&s;e Pre&s;ents to con&s;titute and appoint the &s;aid Sir <HI>Edmund Andro&s;s</HI> upon the Death of Capt' <HI>Francis Nichol&s;on,</HI> and in the ab&s;ence of the &s;aid <HI>Lyonel Copley</HI> (and not otherwi&s;e) to be Commander in chief in and over this Province, and by vertue thereof the &s;aid Sir <HI>Edmund Andro&s;s</HI> in their Ma|je&s;ty's Names by his Proclamation bearing date the 25th. day of <HI>September</HI> 1693. in the fifth Year of their Maje&s;ty's Reign, Reciting that whereas by the death of the &s;aid <HI>Lyonel Copley</HI> their Maje&s;ty's late Capt' General and Governour in Chief in and over this their Province of <HI>Maryland,</HI> and the ab&s;ence of Capt' <HI>Francis
<PB N="25" REF="16">Nichol&s;on</HI> their Maje&s;ty's Leievetenant Governour of the &s;ame, the chief Command and Government of the &s;aid Province was committed to the charge and conduct of him the &s;aid Sir <HI>Edmund Andro&s;s</HI> Knight their Maje&s;ty's Leivetenant &amp; Governour General of their Colony and Dominion of <HI>Virginia,</HI> he the &s;aid Sir <HI>Edmund An|dro&s;s</HI> thereby did proclaim and declare that all Officers civil and military &s;hould hold and continue their &s;everal and re&s;pective Places and Offices by the &s;ame as in and by the &s;aid Commi&s;&s;ion and Proclamation remaining upon Record in the Council Records more at large may appear; And becau&s;e upon reading and in|quiring into a certain Commi&s;&s;ion of their Maje&s;ty's bearing date the 2<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">th. Day of <HI>February Anno Domini</HI> 1691. to Capt' <HI>Francis Nichol&s;on</HI> aphointing and cou<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ing the &s;aid <HI>Francis Nichol&s;on</HI> Lievtenant Governour of and in this Province, and upon the death of the &s;aid <HI>Lyonel Copley</HI> to exerci&s;e and execute the &s;everal Pow|ers and Authority's in the &s;aid Commi&s;&s;ion to the &s;aid Governour <HI>Copley,</HI> it ap|pears to us that their Maje&s;ty's had made expre&s;s provi&s;ion that the &s;aid Lievt' Governour <HI>Nichol&s;on</HI> upon the death of the &s;aid <HI>Lyonel Copley <ABBR>E&s;q</ABBR></HI> &s;hould Succeed to the Chief Command in this Province, and if not pre&s;ent upon the place at the death of the &s;aid <HI>Lyonel Copley,</HI> that the Council &s;hould take upon them the Go|vernment of the Province, whereof the fir&s;t in Council to pre&s;ide; neither doth the &s;aid Commi&s;&s;ion to the &s;aid Sir <HI>Edmund Andro&s;s</HI> &s;ufficiently Authori&s;e the &s;aid Sir <HI>Edmund Andro&s;s</HI> to take upon him the Government afore&s;aid, but upon the death of the &s;aid <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> and ab&s;ence of the &s;aid <HI>Lyonel Copley <ABBR>E&s;q</ABBR>,</HI> neither doth the Proclamation afore&s;aid of the &s;aid Sir <HI>Edmund Andro&s;s</HI> agree with the &s;aid Commi&s;&s;ion in Reciting that his Acce&s;s to the Government was by the death or ab&s;ence of the &s;aid <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR>, which in the &s;aid Commi&s;&s;ion is expre&s;ly confined to the death of the &s;aid <HI>Francis Nichol&s;on</HI> and not ab&s;ence, neither did the &s;aid Sir <HI>Edmund Andro&s;s</HI> take &s;uch Oath for ob&s;erving of a certain Act of Parliament made in the XII. Year of the Reign of King <HI>Charles</HI> the II. of Ble&s;&s;ed Memory, Intituled <HI>an Act for the Incouraging &amp; Increa&s;ing of Shipping &amp; Naviga|tion</HI> before his Entrance into the Government afore&s;aid, as by the &s;aid Statute is commanded, injoyned, and required of all Governours &amp; Commanders in chief of any their Maje&s;ty's Lands, I&s;lands, Plantations and Territory's, nor admini&s;ter or direct, the &s;ame to be admini&s;tred to Colonel <HI>Nicholas Greenbury</HI> by left him as Pre|&s;ident, nor Sir <HI>Thomas Lawrence</HI> at his next coming, and becau&s;e al&s;o that by the Acce&s;s of the &s;aid Sir <HI>Edmund Andro&s;s</HI> to the &s;aid Government, by his Authority divers Acts and Actions Judicial and Civil have been done, executed and perform|ed in Courts of Record, and otherwi&s;e in this Province; which for the Rea&s;ons a|fore&s;aid appear precautious and doubtful: In tender Contemplation whereof, and for the Ea&s;e and Quiet, Peace and Settlement of your Maje&s;ty's mo&s;t Loyal and Dutyful Subjects of this your Maje&s;ty's Province, they humbly pray and befeech your Royal Maje&s;ty's that it may be Enacted.</P>
<P>And BE IT ENACTED by your Sacred Maje&s;ty's by and with the Ad|vice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all manner of Actions, Suits, Cau&s;es and Proceedings in all and every their Maje&s;ty's Courts within this Province, either by holding, &s;etting, adjourning, continuing, or other proceeding, to hearing and determining any Suit, Action, Motion, Petition or other Matter what&s;oever, &s;hall be had, taken, accepted &amp; repu|ted as valid in Law or Equity, and of ab&s;olute Force Efficacy and Strength in Law to all Intents, Purpo&s;es, and Con&s;tructions as any other Judicial Proceedings by any other of their Maje&s;ty's more ample Commi&s;&s;ions for the due Government of this Province heretofore granted: And all and every Officer and Mini&s;ter Civil or Military in this their Maje&s;ty's Province, &s;hall and are hereby confirmed, e&s;ta|bli&s;hed and raty&s;ied; for in or by Rea&s;on of any Legal Acting and Proceeding in their Several and Re&s;pective Offices Places and Stations, from the time of the Acce&s;s of the &s;aid Sir <HI>Edmund Andro&s;s</HI> Knight, to his Excellency's the pre&s;ent Governour <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> his arrival and taking the Government upon him, any Clau&s;e, Imperfection, or want of Authority in onto the &s;aid Sir <HI>Edmund Andro&s;s</HI> or the Commi&s;&s;ion afore&s;aid, to the &s;aid Sir <HI>Edmund Andro&s;s</HI> notwith|&s;tanding. Provided that nothing in this Act be taken and co&s;trued to ju&s;tify Sir <HI>Edmund Andro&s;s</HI>'s taking and di&s;po&s;ing of the publick Revennues for the Support of the Government of this Province, or debar the A&s;&s;embly or any per&s;on what|&s;oever of their right or claims to the &s;ame which he took.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="26" REF="17">
<HEAD>An Act a&s;certaining the Expences of the Delegates of A&s;&s;embly, and Commi&s;&s;ioners of the Provincial and County Courts.</HEAD>
<P>FOR the a&s;certaining, limitting and allowing unto the&s;everal and re&s;pective Deputy's and Delegates that Serve or &s;hall Serve in the General A&s;&s;embly's of this Province, and of the &s;everal and re&s;pective Commi&s;&s;ioners o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the Provincial and County Courts of this Province &s;uch Sum and Sums of Tobacco as is hereby thought nece&s;&s;ary and &s;ufficient for the defraying their Charges in attending &s;uch A&s;&s;embly's and Courts as afore&s;aid.</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all &s;uch Delegates and Burge&s;&s;es of A&s;&s;embly's &s;hall be allowed the Sum of one hundred and fourty pounds of Tobacco a Day, during the time they &s;hall attend &s;uch A&s;&s;embly's, and no more, (be&s;ides their Itinerent Charges) to be paid and allowed by them out of the publick Leavy's of this Province, and the &s;everal and re&s;pective Commi&s;&s;ioners of the Provincial Courts for the defraying their Charges and Expences during the time they &s;hall Sit in, &amp; attend &s;uch Courts, the Sum of one hundred and foury pounds of Tobacco <HI>per</HI> Day and no more, be&s;ides their Itinerent Charges to be paid them likewi&s;e out of the publick Leavy of this Province as afore&s;aid, and the &s;everal Commi&s;&s;ioners of the County Courts &s;hall be allowed for the defraying of their Expences during the time they &s;hall attend &s;uch Courts as afore&s;aid the Sum of Eighty pounds of Tobacco <HI>per</HI> Day and no more, which Sum of Eighty pounds of Tobacco as a|fore&s;aid the &s;aid Commi&s;&s;ioners of the County Courts are hereby impowered to A&s;&s;e&s;s and Leavy where &s;uch Commi&s;&s;ioners &s;hall Serve as afore&s;aid, for defray|ing the Experces afore&s;aid and no more.</P>
<P>Provided always, and it is the true Intent and Meaning of this Act, that where any Ju&s;tices of any County Court, being a full Court, or above the number of Seaven &s;hall agree together in Court Sitting, and con&s;ent to le&s;&s;en any allowance hereby given, or if it be to take the &s;ame totally off, it &s;hall and may be Lawful to &s;uch full Court to le&s;&s;en and take off any part of the allowance hereby given &amp; &s;ettled to the Commi&s;&s;ioners of the &s;aid County Courts, and Entring &s;uch Rule in the Record, &s;hall for that Year be an ub&s;olute Law and Rule for every Ju&s;tice of that County Court as to their Expences, and it &s;hall not be Lawful to collect or rai&s;e any more Tobacco for defraying the County Court Ju&s;tices Expences, then &s;o much as by &s;uch Con&s;ent and Rule &s;hall be limitted and agreed on as afore&s;aid, and if they &s;ee fit to make the &s;ame Rule, or &s;uch other as they &s;hall agree on as afore &s;aid, once on every Year during this Act, any thing herein to the contrary notwith&s;tanding. And Be It Further Enacted, that one Act of A&s;&s;embly made at a General A&s;&s;embly of this Province, begun and held at the City of St. <HI>Mary's</HI> the tenth Day of <HI>May Anno Dnmini</HI> 1692. Intituled <HI>An Act a&s;certaining the Ex|pences of the Commi&s;&s;ioners of the Provincial and County Courts,</HI> be, and is hereby utterly Repealed and made Void.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for erecting <HI>Ann-Arundel</HI> and <HI>Oxford</HI> Town into Ports and Towns.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from and after the publication hereof, the Land called the Town Land at <HI>Seavern in Ann-Arundel</HI> County where the Town was formerly, and the Land at <HI>Oxford in Talbot</HI> County where the Town was formerly, &s;hall from henceforth be Towns and Ports, and Places of Trade, where all Ships and Ve&s;&s;els may come to for Entring and Clearing, to which End the Collector of that Di&s;trict, or his Lawful Deputy's &s;hall con&s;tantly Re&s;ide at the &s;aid Towns and Ports, and al&s;o Naval Officer, or Officers or their Deputy's &s;hall al&s;o con|&s;tantly Re&s;ide there, for giving di&s;patch to all Ships or Ve&s;&s;els coming or trading into them Ports; and that the &s;ame Ports and Towns may be capable of being built upon and inhabited by per&s;ons defiring to dwell and inhabit in them.</P>
<P>Be It Enacted by the Authority afore&s;aid, that from and after the proclaiming of this Act, all and every the per&s;ons named herein for Commi&s;&s;ioners &s;hall be Commi&s;&s;ioners of and for the &s;aid two Towns, and each of them, and they and
<PB N="27" REF="17">every of them &s;hall and may execute the Powers and Authority's hereby given them, according to the directions hereafter given and pre&s;cribed, as well for the buying and purcha&s;ing the afore&s;aid Town Lands of the now Owners and Po&s;&s;e&s;|&s;ors of the &s;ame, as for the Surveying and Laying out the &s;ame, and Staking out the &s;everal Lotts to be laid out in them, to the End the length, breadth, and ex|tent of each Lot in each Town and Port may be known and di&s;tingui&s;hed, (that is to &s;ay) for the &s;aid Town and Port of <HI>Ann-Arundel</HI> in <HI>Ann-Arundel</HI> County afore&s;aid Major <HI>Hammond,</HI> Major <HI>Edward Dor&s;ey,</HI> Mr. <HI>John Bennet,</HI> Mr. <HI>John Dor&s;ey,</HI> Mr. <HI>Henry Con&s;table,</HI> Mr. <HI>Andrew Norwood,</HI> Mr. <HI>Phillip Floward,</HI> Mr. <HI>James Enders,</HI> and the honourable <HI>Nicholas Greenbury</HI> <ABBR>E&s;q</ABBR>. And for the Town and Port to <HI>Talbut</HI> County in <HI>Oxford</HI> afore&s;aid Mr. <HI>Edward Mann,</HI> Mr. <HI>John Edmond&s;on,</HI> Mr. <HI>Clement Saile,</HI> Mr. <HI>John Neels,</HI> Mr. <HI>John Hawkins,</HI> Mr. <HI>Thomas Robinns</HI> and Mr. <HI>Thomas Robinns Junior,</HI> the honourable <HI>George Roebotham,</HI> and Mr. <HI>Thomas Smith&s;on,</HI> and Mr. <HI>Robert Smith.</HI></P>
<P>And Be it Enacted that the &s;aid Commi&s;&s;ioners herein nominated for each re|&s;pective Town in each County afore&s;aid, or the major part of them, are hereby impowered &s;ome time before <HI>25th.</HI> Day of <HI>February Anno Domini</HI> 1694. to meet together upon the re&s;pective Lands and Places for Towns before mentioned, then and there treat with and agree with the Owners and all per&s;ons intere&s;ted in the &s;aid Lands, and buy and purcha&s;e of &s;uch Owners and others intere&s;ted in the &s;aid Lands one hundred Acres of the &s;aid Lands, at the di&s;cretion of the per&s;ons afore&s;aid lea&s;t prejuditial to the Owners, and they that purcha&s;e &s;hall cau&s;e the &s;ame to be Surveyed, and after Survey &s;o made, &s;hall cau&s;e the &s;ame to be mark|ed, &s;taked, and divied into convenient Streets, Lanes, and Ally's, with other &s;pare places to be left on which may be a Church, Chapel, Market Hou&s;e or other publick Building, and the remaining part of the &s;aid one hundred Acres to be di|vided into one hundred Equal Lotts, marked on &s;ome Po&s;ts or Stakes towards the Streets or Lanes with Numbers 1 2 3 4 and &s;o to an Hundred, out of which Lotts the Owner of &s;uch Lands &s;hall have the fir&s;t choice for one Lott, during the &s;pace of one Year after the &s;aid <HI>25th.</HI> Day of <HI>February,</HI> except his Excellency <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> Governour of this Province, who &s;hall have the next im|mediate choice of one two or three Lotts in each, or either of the &s;aid Towns if his Excellency &s;o plea&s;e; after which the Lotts &s;hall be taken up by the Inhabitants of the County's onely, during &s;ix Months after laying out the &s;ame, and if the In|habitants &s;hall not take up the &s;ame Lotts in the time afore&s;aid, it &s;hall be then free for any per&s;on or per&s;ons what&s;oever to take up the &s;aid Lott or Lotts, pay|ing the Owner proportionably for the &s;ame; And in ca&s;e any per&s;on or per&s;ons &s;hall willfully refu&s;e to make Sale of any &s;uch Lands therein before mentioned, or any per&s;on or per&s;ons through non-Age, Coverture, or <HI>non Sana Memoria</HI> or o|ther Impediment or Di&s;&s;ability what&s;oever, that then the Commi&s;&s;ioners afore|&s;aid nominated for each re&s;pective Town, are hereby Authori&s;ed by vertue of this Act to I&s;&s;ue out Warrants to the Sherrif of the &s;aid County's, to impower him to impanel and return a Jury of Freeholders to appear before the &s;aid Com|mi&s;&s;ioners, which Jury upon their Oaths to be admini&s;tred by the &s;aid Commi&s;&s;i|oners are to inquire and a&s;&s;e&s;s &s;uch Damages and Recompence as they &s;hall think fit to be awarded to the Owners &amp; all per&s;ons intere&s;ted, according to their &s;ever|al and re&s;pective Intere&s;ts in the &s;aid Land or any part thereof and what Sum of Tobacco the &s;aid Jury &s;hall adjudge the &s;aid Land to be worth, &s;hall be paid to the &s;aid Owners and Per&s;ons intere&s;ted, by &s;uch per&s;on or per&s;ons as &s;hall take up the &s;aid re&s;pective Lott or Lotts proportionably thereunto, and the &s;aid Com|mi&s;&s;ioners or the major part of them are hereby impowered by re&s;pective Warants under their Hands and Seals to Summon the Surveyor general or the Surveyor of the County to &s;urvey and lay out the &s;aid one hundred Acres in the places afore|mentioned in the manner and form afore&s;aid, to be marked and &s;taked out as a|fore&s;aid, and when the &s;ame is Surveyed and laid out as afore&s;aid, and valued as afore&s;aid, that then who&s;oever &s;hall make choice of any &s;uch Lott as afore&s;aid, and make Entry thereof before and with the Officer or per&s;on as by the Commi&s;&s;i|oners &s;hall be appointed to keep the Book for Entry of the &s;ame, and pay &s;uch Sum or Quantity of Tobacco as &s;hall by the di&s;cretion of the Commi&s;&s;ioners be rated upon &s;uch Lott and payable to the Owner of the &s;aid Land, and on &s;uch Lott &s;hall build one twenty Foot &s;quare dwelling Hou&s;e at lea&s;t within twelve
<PB N="28" REF="18">Months after taking up the &s;ame, unle&s;s &s;uch building be larger than herein ex|pre&s;t, &s;hall by vertue thereof, and of the building and fini&s;hing as afore&s;aid inve&s;t the taker up and builder as afore&s;aid, with an E&s;tate of Inheritance in the &s;aid Lott, to him his Heirs and A&s;&s;igns for ever, and be a perpetual Barr to the Owners and Per&s;ons intere&s;ted in the &s;aid Landseither within or without this Province, even again&s;t his Lord&s;hip the Right Honourable <HI>Charles</HI> Lord Baron of <HI>Baltemore</HI> Lord Proprietary of this Province his Heirs and Succe&s;&s;ors; yielding and paying to the &s;aid Lord Proprietary his Heirs and Succe&s;&s;ors for ever, the yearly Rent of one Penny Current Money for each re&s;pective Lott as afore&s;aid, and that the Sur|veyor of each Town and Port as afore&s;aid, &s;hall have and receive &s;uch Fees and Rewards for laying out and &s;taking the Towns and Lotts as afore&s;aid, as the &s;aid Commi&s;&s;ioners &s;hall allow and &s;ettle and no more, and any per&s;on or per&s;ons that &s;hall build and inhabit in &s;uch Port or Town, and &s;hall owe any Sum or Sums of Tobacco and will pay the &s;ame in &s;uch Towne as he &s;hall be allowed ten <HI>per cent.</HI> for every Hog&s;head of four hundred weight and upwards &s;o paid in Towns, to be deducted out of the Debt afore&s;aid; or pleadable in Barr of the Creditor.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid by and with the Advice and Con&s;ent afore&s;aid, that any per&s;on or per&s;ons that have haretofore taken up any Lott or Lotts in either of the Towns by vertue of any former Law of this Pro|vince and built thereon according to the &s;ame former Law, they and every of them their Heirs and A&s;&s;igns &s;hall have and injoy a good and &s;ure E&s;tate of Inheritance to them and their Heirs for ever, under the Rents and Services herein mentioned, and the &s;everal Lotts &s;o built on &s;hall be deem'd and taken as part of the one hun|dred Lotts as afore&s;aid, and the &s;ame Town laid out as conveniently thereto as may be. And Be It Enacted by the Authority afore&s;aid,, that at the Town and Port of <HI>Seavern in Ann-Arundel</HI> County &s;hall be bought or valued by the Jury as before in this Act is mentioned, all that parcel or Neck of Land within Levy Neck Cove and <HI>Acton's</HI> Cove, lying and adjoyning or near to the Town Land as afore&s;aid, or &s;o much thereof as by the Commi&s;&s;ioners &s;hall be found con|venient to be fenced in and called the Town Common or Pa&s;ture, and paid for &amp; fenced in at the publick Charge, and &s;hall be for the publick U&s;e and Service when need &s;hall require: And that the Inhabitants of the &s;aid Towns &s;hall not rai&s;e any Stock of Cattle or Hoggs, Hor&s;es or Sheep more than what they can contain and rai&s;e upon their re&s;pective Lott or Lotts and not more, at the di&s;cretion of the Commi&s;&s;ioners of the &s;aid Towns.</P>
<P><HI>An Act Impowering</HI> Richard Bi&s;hop <HI>of</HI> Talbot <HI>County Brother and Heir of</HI> Wil|liam Bi&s;hop <HI>late of</HI> Talbot <HI>County Decea&s;ed, to &s;ell and di&s;po&s;e of &s;o much Land as will amount to Fifty Thou&s;and Pounds of Tobacco, for the Payment of the Charges expended in recovering of the &s;aid E&s;tate.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for A&s;crtaining Naval Officers Fees.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the &s;everal and re&s;pective Ma&s;ter or Ma&s;ters of all Ships or Ve&s;&s;els trading and coming into this Province of what Burthen &s;oever, &s;hall at the time of Entring &s;uch Ships or Ve&s;&s;els as afore&s;aid pay unto the Gove|nour of this Province for the time being three pence <HI>per</HI> Tunn, for every Tunn of Burthen the &s;aid Ship &s;hall be of, (all &s;uch Ships or Ve&s;&s;els as are <HI>bona Fide</HI> built in and belonging to the people of this Province excepted,) or give good caution to the Naval Officer with whom he or they &s;hall Enter for the payment thereof.</P>
<P>And it is hereby Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the &s;everal and re&s;pective Naval Officers of this Pro|vince, within their &s;everal and re&s;pective Di&s;tricts, for the &s;everal Acts and things relating to his or their Office by him or them hereby injoyned to be done, &s;hall have and receive the Fees hereafter mentioned and no more, (to wit) for Entring any Ship or Ve&s;&s;el coming and trading into this Province being under the burthen
<PB N="29" REF="18">of one hundred Tunn, the Ma&s;ter thereof &s;hall pay unto that re&s;pective Naval Of|ficer with whom he &s;hall Enter &s;uch Ship or Ve&s;&s;el as a Fee for Entring thereof the Sum of five Shillings Sterling and no more, and five Shillings more for the clear|ing thereof; And if &s;uch Ship or Ve&s;&s;el &s;hall be above the burthen of one hndred Tunns, or of two hundred Tunns or upwards, the Ma&s;ter for the Entry thereof &s;hall pay the &s;aid Naval Officer as a Fee ten Shillings Stetling, and ten Shillings for the Clearing thereof; And the &s;aid Naval Officers are hereby obliged to enter all Ships or Ve&s;&s;els of what burthen &s;oever of the built of this Province, &amp; where-the Owners do inhabit &amp; re&s;ide within this Province the Sum of two Shillings &amp; &s;ix Pence Sterling, which is hereby allowed &amp; a&s;certained him as a fee, therefore, and for the Sum of two Shillings &s;ix Pence &s;hall clear the &s;ame.</P>
<P>And Be It is further Enacted by the Authority afore&s;aid, that all &s;mall Boats belonging to this Province, and being under eighteen Foot by the Keel, &s;hall pa&s;s and repa&s;s withovt any lett, hindrance, mole&s;tation or &s;eizure of the &s;ame, (unle&s;s they &s;hall cary &amp; have on Board them prohibited goods, or goods lyable to pay Cu&s;tom to their Maje&s;ty's not Cocquetted or Clearing for the &s;ame,) without be|ing obliged to take out Permits for &s;uch pa&s;&s;ing and repa&s;&s;ing as afore&s;aid; And that the Ma&s;ters of all Shallops o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> open Sloops trading within this Province, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o pay unto the &s;everal Naval Officers, or their Deputy or Deputy's appointed for the granting of Permits the Sum of two Shillings &s;ix pence yearly and no mere for the granting of &s;uch Permits as afore&s;aid, and &s;hall give good Security to be taken by &s;uch Officer afor&s;aid in their Maje&s;ty's Name, that he or they &s;hall and will duly ob&s;erve the Acts of Trade and Navigation and other good Laws of this Province relating thereto.</P>
<P>And Be it further Enacted That all and every Collector and Collectors of this Province &s;hall have and receive &s;uch Fees for Entring and Clearing &s;uch Ships and Ve&s;&s;els as afore&s;aid, as are above allowed to the Naval Officers and no more; And that all Collectors and Naval Officers &s;hall make a fair Table of all their Eees and hang them up in their Offices, under the penalty of fifty pounds Sterling to their Maje&s;ty's their Heirs and Succe&s;&s;ors for the Support of Government, to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint at Information, wherein no E&s;&s;oyn Protection or Wager of Law &s;hall be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Additional Act to the Act for quieting Po&s;&s;e&s;&s;ions.</HEAD>
<P>WHEREAS at a General A&s;&s;embly begun and held at St. <HI>Mary's</HI> in the Province of <HI>Maryland</HI> the twenty &s;eaventh Day of <HI>March</HI> in the nine and thirtieth Year of the Dominion of <HI>Caecilius,</HI> &amp;c. <HI>Anno Domini</HI> 1671. It was then &amp; there among&s;t other things Enacted <HI>viz. an Act for quieting po&s;&s;e&s;&s;ions,</HI> which Act did a&s;&s;ure &amp; confirm all E&s;tates made by real Purcha&s;ers of all Lands Tenements and Hereditaments what&s;oever, before the Day of the date thereof and not after</P>
<P>And whereas at a General A&s;&s;embly held at the City of St. <HI>Mary's</HI> the 13th. Day of <HI>April</HI> in the two and fortieth Year of the Dominion of <HI>Caecilius</HI> &amp;c. <HI>Anno Domini</HI> 1674. Intituled <HI>An Act of Enroling Conveyances, and &s;ecuring the E&s;tates of real Purcha&s;ers,</HI> it was therein contained among&s;t other things, <HI>viz.</HI> that all that from thenceforth &s;hould purcha&s;e any Land of Inherirance, &s;hould purcha&s;e the &s;ame by Deed Indented, or other &s;ure Deed, and inrole the &s;ame in the County where the Land lieth, or in the Provincial Court, or the principal heads of the &s;ame Deed, clearly &s;hewing and declaring the manner how Lands &s;hould pa&s;s from Man to Man. And forasmuch as the &s;ame Law did not provide for the Security of all tho&s;e Titles that did pa&s;s from Man to Man from the <HI>27th.</HI> Day of <HI>March</HI> 1671. until the <HI>13th.</HI> Day of <HI>April Anno Domini</HI> 1674. nor no other Law extant-for Securing tho&s;e Titles, being under the &s;ame circum&s;tances as tho&s;e of 1671. We the Deputy's and Delegates of this pre&s;ent General A&s;&s;embly do pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the King and Queens mo&s;t Excellent Maje+&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the afore&s;aid Law Intituled <HI>An Act for quieting of Po&s;&s;e&s;&s;ions,</HI> and all the branches &amp; provi&s;o's therein contained be in full force and vertue until the <HI>13th.</HI> Day of <HI>April Anno Domini</HI> 1674. and not after.</P>
<PB N="30" REF="19">
<P>At a Se&s;&s;ions of A&s;&s;embly held at <HI>Ann-Arundel</HI> Town in <HI>Ann-Arundel</HI> County on the la&s;t Day of <HI>February</HI> in the Sixth Year of the Reign of our Sove|reign Lord and Lady <HI>WILLIAM</HI> and <HI>MART</HI> by the Grace of GOD of <HI>England Scotland France and Ireland</HI> King and Queen Defen|ders of the Faith <HI>&amp;c. Anno Domini</HI> 1694. were Enacted,</P>
<P><HI>An Act for the Naturalization of</HI> Daniel Dani&s;on Senior, <HI>and</HI> Daniel Dani&s;on Junior <HI>of</HI> Calvert <HI>County.</HI></P>
<P>Ar a Se&s;&s;ions of A&s;&s;embly held at <HI>Annapolis</HI> the <HI>8th.</HI> Day of <HI>May</HI> in the <HI>7th.</HI> Year of the Reign of our Sovereign Lord and Lady <HI>William</HI> and <HI>Mary</HI> King and Queen of <HI>England</HI> &amp;c. <HI>Au uo&abque; Domini</HI> 1695. were En|acted the&s;e following Laws.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Settling <HI>Ann-Arundel</HI> County Court at the Port of <HI>Annapolis</HI> within the &s;ame County</HEAD>
<P>FORASMUCH as there is not any good Court Hou&s;e built and &s;itted for the County of <HI>Ann-Arundel,</HI> and that the Provincial Court is now by Law E&s;tabli&s;hed to be held and kept for ever hereafter at the Port of <HI>Annapolis</HI> on the River of <HI>Seavern</HI> within the &s;ame County, where there is, and mu&s;t of nece&s;|&s;ity be a Court Hou&s;e built for the publick u&s;e of this Province, which may be &s;ufficient for holding the County Courts in al&s;o, and thereby the County &s;aved the Charge of building a County Court Hou&s;e, and the &s;aid Port of <HI>Annapolis</HI> propagated and increa&s;ed.</P>
<P>BE IT THEREFORE ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the Ju&s;tices of the County Court of <HI>Ann-Arundel</HI> County do at their next meeting in their County Court adjourn them&s;elves from the place the &s;ame Court &s;hall be held, to the Port of <HI>Annapolis</HI> upon <HI>Seavern</HI> River in <HI>Ann-Arundel</HI> County, and there at the &s;aid Port in the Court Hou&s;e of the Province, hold and keep the &s;aid County Court, and &s;o all the County Courts for the &s;aid County &s;hall for ever hereafter be held and kept at the &s;aid Port of <HI>Annapolis</HI> at <HI>Seavern</HI> River afore&s;aid <HI>in Aun-Arundel</HI> County a|fore&s;aid, and at no other place what&s;oever in the &s;aid County; and that the Re|cords of the &s;aid County be removed to the &s;aid Port there to be kept, and al&s;o that the Church to be built and erected for the Pari&s;h in which the &s;aid Port of <HI>Annapolis</HI> is, &s;hall be built and crected within the &s;aid Port in &s;uch place, and part thereof as to his Excellency the pre&s;ent Governour &s;hall be thought fit and conve|nient, which for ever hereafter &s;hall be denominated, called and known by the Name of the Port of <HI>Annapolis,</HI> and by no other Name or Di&s;tinction what&s;o|ever.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Securing of Admini&s;trators and Executors from double paying of Debts, and limiting of the time for payment of Obligations within this Province.</HEAD>
<P>FORASMUCH as Doubts have ari&s;en whether Executors or Admini|&s;trators having fully &s;atrsfied &s;o far as A&s;&s;ets all Debts due within this Pro|vince with re&s;pect to the quality of the &s;ame Debts, &s;hould be lyable to an&s;wer Debts contracted out of this Province, being of a higher Nature for preventing of all ambiguity's for the future, and to the End that the &s;everal &amp; re&s;pective Courts and the Practitioners thereunto apertaining may be a&s;certained what methods and
<PB N="31" REF="19">mea&s;ures hereafter to take in ca&s;es of that nature, it is prayed that it may be En|acted, And</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and by the Authority of the &s;ame, that from and after the publication hereof no per&s;on or per|&s;ons being Executors or Admini&s;trators of any E&s;tate within this Province, &s;hall be lyable to pay or &s;atisfie Debts contracted out of this Province, of what nature or quality &s;oever, Debts due to their Sacred Maje&s;ty's only excepted, before debts due within this Province, from the E&s;tate or E&s;tates of any per&s;on or per&s;ons de|cea&s;ed &s;hall be paid and &s;atisfied; if &s;uch Executors or Admini&s;trators &s;hall have A&s;&s;etts in his her or their hands &s;ufficient to &s;atisfie and pay the &s;ame, &s;uch Exe|cutors or Admini&s;trators having re&s;pect to the quality of the Debts due within this Province as afore&s;aid, unle&s;s the creditor or creditors of the &s;aid decea&s;ed being per&s;ons re&s;iding out of this Province as afore&s;aid on any Action or Actions by him her or them brought again&s;t &s;uch Executors or Admini&s;trators as afore&s;aid, upon a|ny debt or contract of a higher nature than tho&s;e contracted within this Province as afore&s;aid, be it by Statute Merchant or of the Staple, Judgment, Bond or other|wi&s;e do upon Tryal make it &s;ufficiently appear that &s;uch Executors or Admini&s;tra|tors had due knowledge &amp; Cognizance thereof upon due proof thereof as afore&s;aid, if &s;uch Executors or Admini&s;trators &s;hall have paid debts of an inferiour nature, not recovered again&s;t them by due cour&s;e of Law, or &s;uffered Judgment to go again&s;t them for any &s;uch Debt as afore&s;aid, without pleading &s;uch foreign Debt in &s;tay of Judgment, &s;uch Executor or Admini&s;trator not having A&s;&s;erts in his her or their Hands &s;ufficient to pay the Debt as afore&s;aid, and &s;atisfie the &s;ame, the Court before whom &s;uch Action &s;hall be brought &s;hall give Judgment and award Execution again&s;t &s;uch Executors or Admini&s;trators <HI>de bonis Propriis,</HI> to &s;uch Cre|ditor or Creditors as afore&s;aid, as the Law in that ca&s;e directs, any thing in this pro|&s;ent Act contained to the contrary thereof in any wi&s;e notwith&s;tanding.</P>
<P>And for that it hath been found of evil Con&s;equence, that Bonds, Bills, and o|ther Oligations under the Hand and Seal of any per&s;on or per&s;ons within this Province which are of very ancient date, and probably have been by the per&s;on or per&s;ons who were Debtors thereby long before paid and &s;atisfied, but for want of due proof thereof or the Receit for payment through length of Time become ca&s;ualy lo&s;t &s;uch Debtors are &s;aid liable by Law to pay and &s;atisfie &s;uch Debt or Debts by them &s;o formerly paid and &s;atisfied as afore&s;aid. Be it therefore Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore &s;aid, that for the future no Bill, Bond or other Obligation under the Hand and Seal of any per&s;on or per&s;ons whatoever, thathath been, or &s;hall at any time here|after be taken of any of the Inhabitants of th&s;is Province afore&s;aid, that &s;hall not be renewed within five Years from the publication hereof, or within five Years from the taking of &s;uch Obligation as afore&s;aid, and &s;o for every five Years &s;uc|ce&s;&s;ively be &s;uable or impleadable in any Court within this Province, Debts due to their Sacred Maje&s;ty's their Heirs and Succe&s;&s;ors, Bonds formerly given, or hereafter to be given into any Office within this Province, Debts due to any per|&s;ons under Age, <HI>non Sana Memoria,</HI> or beyond the Seas and not returning within five Years as afore&s;aid. (only excepted)</P>
<P>Provided that this Act nor any therein contained be con&s;trued or taken to give any advantage or benefit to per&s;ons flying out of this Province and not returning within the time afore&s;aid, any thing in this pre&s;ent Act contained to the contrary in any wi&s;e notwith&s;tandng.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An additional Act to the Act for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">orts.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the Town Land at <HI>Oxford in Talbot</HI> County con|&s;tituted and appointed a Town and Port by a former Act of A&s;&s;embly made at a Se&s;&s;ion of A&s;&s;embly begun and held at the City of St. <HI>Marys</HI> the 21&s;t. Day of <HI>Sep|tember Anno Domini</HI> 1694. be again Surveyed and Laid out, that is to &s;ay, &s;ome time before the la&s;t Day of <HI>September</HI> next, before the Commi&s;&s;ioners in the a|fore recited Act nominated and appointed, bounding the &s;ame at low water mark
<PB N="32" REF="20">including the I&s;land, and &s;o to the old bounded Tree at the Southermo&s;t part of the Neck, &amp; that as well in the &s;aid Port &amp; Town as in the Port and Town of <HI>Ann-Arundel</HI> there be one or more places laid out and re&s;erved as the Commi&s;&s;i|oners of the re&s;pective Ports &s;hall think fit for the building of Ships and other Vo&s;|&s;els, and that the Officers of the Lord Proprietary for receiving the Duty's due &amp; payable to his &s;aid Lord&s;hip, be hereby obliged by them&s;elves or Deputy's there|unto Authorized and appointed to re&s;ide at the &s;aid Ports and Towns for the dis|patch of Ships and other Ve&s;&s;els Entring and Clearing at &s;uch Ports and Towns as afore&s;aid.</P>
<P>And Be It al&s;o Enacted by the Authority afore&s;aid, that the two Ports of <HI>Ann-Arundel and Oxford</HI> for the future &s;hall be called known and di&s;tingui&s;hed by the names or apellations of <HI>Annapolis and William&s;tadt,,</HI> that is to &s;ay, the Port of <HI>Ann-Arundel</HI> to be called by the name of <HI>Annapolis,</HI> and <HI>Oxford</HI> by the name of <HI>William Stadt,</HI> and that there be purcha&s;ed to the &s;aid Town of <HI>William Stadt</HI> one hundred Acres of Land adjacent to the &s;aid Town for a Common or Pa&s;ture, for the benefit of all per&s;ons within this Province that &s;hall repair to the &s;aid Town, and that the &s;ame be laid out as above expre&s;t, and that &s;ix Acres of the &s;ame be re&s;erved for poblick Buildings.</P>
<P><HI>An Act for Naturalization of</HI> Mathias Mathia&s;on alias Freeman, Peter Gol+ley, John and Jo&s;eph Goutee, and Jo&s;eph and John Sons <HI>of the &s;aid</HI> Jo&s;eph Goutee, and Leonard Camper&s;on.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act a&s;certaining the Fees for Naturalization.</HEAD>
<P>WHEREAS divers complaints have been made, that &s;everal per&s;ons have raken and exacted immoderate Fees of per&s;ons Naturalized, for prevention thereof for the future.</P>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the Eees to be taken by the &s;everal Clerks and Offi|cers belonging to the A&s;&s;embly for the Naturalization, be &s;uch as &s;hall be allow|ed and adjudged by the re&s;pective A&s;&s;embly's when and where &s;uch per&s;ons &s;hall be Naturalized, and that no per&s;on what&s;oever pre&s;ume to demand or exact any more Fees of any &s;uch per&s;ons Naturalized than what are &s;o allowed or to be al+lowed, under the penalty of two thou&s;and pounds of Tobacco to every &s;uch per|&s;on exacting or extorting more than what is or &s;hall be allowed by &s;uch A&s;&s;embly a&s;&s;e&s;&s;ing the Fees as afore&s;aid, the &s;aid Forfeiture to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint or Information wherein no E&s;&s;oyn Protection o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Wager of Law to be allowed the one half to their Maje&s;t|ies the other half to the Party grieved.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the divi&s;ion and regulating of &s;everal County's within this Pro|vince, and con&s;tituting a County by the Name of <HI>Prince-Georg's</HI> County within the &s;amn Province.</HEAD>
<P>WHEREAS divers of the Inhabitants of the County of St. <HI>Marys</HI> and <HI>Kent</HI> have by their Petitions complained that through the Irregularities of their County's being &s;o ill &s;cituated that their Court Hou&s;es or chief places of Judicature within their County's, cannot be Seated for the conveniency of the Inhabitants and Suitors to the &s;ame, therefore this pre&s;ent General A&s;&s;embly have taken into their Serious Con&s;ideration to Redre&s;s the Agrievances for the future, do therefore humbly pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the King and Queens mo&s;t Excellent Ma|je&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the twenty third day of <HI>April</HI> next being St. <HI>Georges</HI> Day, after the End of this pre&s;ent Se&s;&s;ion of A&s;&s;embly, that the Bounds of St. <HI>Marys</HI> County &s;hall begin at Point Look out, and extend it &s;elf up
<PB N="33" REF="20"><HI>Potomack</HI> River to the lower &s;ide of <HI>Buds</HI> Creek, and &s;o over by a &s;traight Line drawn from the Head of the main Branch of the &s;aid <HI>Buds</HI> Creek to the Head of Indian Creek in <HI>Patuxent</HI> River, and which falls into <HI>Patuxent</HI> River, including all that Land lying between <HI>Patuxent and Potomack</HI> Rivers from the lower part of the &s;aid two Creeks and Branches of <HI>Buds</HI> and Indian Creek by the Line afore&s;aid, and Point Look out as afore&s;aid, and upon the upper &s;ide of the &s;aid Indian creek &amp; Buds Creek &s;hall the Bounds of Charies County begin where the upper Bounds of St. Marys ends, and extend it &s;elf upwards as far as Mattawoman Creek and Branch, and bounding on the &s;aid Branch by a &s;traight Line drawn from the head thereof to the head of Swan&s;ens Creek in Patuxent River, including all that land lying on the upper part of Buds Creek and Indian Creek Branches where St. Ma|rys County ends to the lower &s;ide of Mattawoman Creek and Branch and Swan|&s;ons Creek and Branch, between Patuxent and Potomack Rivers as afore&s;aid.</P>
<P>And Be It Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the Land from the upper &s;ide of Mattawoman and Swan|&s;ons Creeks and Branches extending upward bounded by Potomack on the We&s;t, and by Patuxent River on the Ea&s;t, &s;hall be and is hereby con&s;tituted, founded, &amp; incorporated into a County of this Province, and &s;hall be denominated called and known by the name of Prince Georges County, and &s;hall from and after the &s;aid twenty third day of April next en&s;uing being St. Georges Day as afore&s;aid, have and injoy all other Rights Benefits and Priviliges equal with the other County's of this Province, &s;uch as &s;ending Burge&s;&s;es to A&s;&s;embly's, having County Courts, Sherri&s;s, Ju&s;tices, and other Officers and Mini&s;ters requi&s;it and nece&s;&s;ary &amp; as are u&s;ed in other County's of this Province.</P>
<P>And Be it Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con|&s;ent afore&s;aid, that the &s;everal and re&s;pective per&s;ons hereafter in this Act menti|oned &s;hall and are hereby Authorized Required, and impowered to call to them the Surveyors of the County's and cau&s;e them to run out the Lines and Bounds of the &s;aid County's of St. Mary's Charles and Prince Georges County's as afore|&s;aid, that is to &s;ay, from the heads of the Branches of Buds and Matrawoman Creek to Indian and Swan&s;ons Creeks as afore&s;aid, that is ro &s;ay, Mr. Robert Ma&s;on and Mr. James Keech for St. Mary's County, Mr. Iohn Bayn and Mr. James Bigger for Charles County, Mr. William H<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tchi&s;on &amp; Mr. Thomas Green|field for Prince Georges County, who are Required &amp; Injoyned by this Act at or before the &s;aid twenty third day of April as afore&s;aid to cau&s;e the &s;aid two Lines from the head of Buds Creek Branch to the head of Indian Creek Branch, and from the head of Mattawoman Branch to Swan&s;ons Creek Branch, fully to be marked and lined by a double Line of marked Trees that the &s;ame may be known and perceived by all per&s;ons de&s;iring to know the &s;ame, and &s;hall return a Certifi|cate of the due cour&s;es thereof, one to each County concerned, that is to &s;ay St. Mary's, Charles and Prince Georges County's, and one more Certificate to his Excellency the Governour and Council to be Recorded in the Council Records &amp; each County Courts Records afore&s;aid, under the penalty of one thou&s;and pound of Tobacco to each per&s;on hereby nominated and appointed failing, and two thou&s;and pounds of Tobacco to the Surveyor failing, one half to the Informer, the other half to the Ve&s;try of the Pari&s;h where the Offender dwells, to be reco|vered in any Court of Record within this Province, by Action of Debt Bill Plaint or Information, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the place for holding the County Court of St. Marys County &s;hall for ever hereafter be at the City of St. Mary's in the State Hou&s;e of the &s;aid City, there formerly built at the co&s;t and charge of this Province, and in no other place of the &s;aid County what&s;oever, the &s;ame State Hou&s;e being here|by allotted and appointed by this pre&s;ent General A&s;&s;embly to the County of St. Mary's for holding and keeping their Courts in, and &s;uch other decent Services as to the Ju&s;tices of the &s;ame County in full Court &s;hall be con&s;ented and agreed to.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that from and after the &s;aid twenty third day of April next after the end of this pre&s;ent Se&s;&s;ion of A&s;&s;embly the I&s;land of Kent &s;hall be added <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> and made part of Talbot County and deemed reputed and taken as part thereof
<PB N="34" REF="21">and that that part of Talbot County lying on the North &s;ide of Cor&s;eica Creek running up the main Ea&s;tern Branch to the head thereof, and then with a cour&s;e drawn Ea&s;t, to the out &s;ide of this Province &s;hall be the Southerly Bounds of the County of Kent, and on the North by the County of Caecil, any Law Statute or U&s;uage heretofore to the contrary notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the per&s;ons herein nominated are authorized and im|powered and hereby appointed &s;ome time before the twenty third day of April next to call to them the Survey or of the County of Talbot and cau&s;e the Bounds of the &s;aid County's of Kent &amp; Talbot to be run out and marked by a double line of Trees to be marked between Kent and Talbot County's as afore&s;aid, that is to &s;ay Mr. William Cour&s;ey for Talbot County, &amp; Mr. Symon Willmore for Kent County, who are hereby authorized and required to &s;ee the &s;ame done and per|formed at or before the time afore&s;aid, and return a certificate thereof as afore|&s;aid, under the penalty afore&s;aid,, to be recovered as afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act of Repeal of all Laws heretofore made in this Province, and Confirming all Laws made this General A&s;&s;embly.</HEAD>
<P>BE IT ENACTED by the King and Queens mo&s;t Excellent Maje&s;ty's by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That tho&s;e private Acts heretofore made at a General A&s;&s;embly begun and held at the City of St. Mary's the 15th. day of May <HI>Anno Domini</HI> 1676. to wit, An Act for Settling the Inheritance of the real E&s;tate of <HI>Robert Cager,</HI> as al&s;o his Per&s;onal E&s;tate upon the Mayor, Recorder, Aldermen &amp; Common Council of the City of St. Mary's and their Succe&s;&s;ors for the u&s;es in the &s;aid <HI>Robert Cagers</HI> Will mentioned, as al&s;o the&s;e other private Acts made at a General A&s;&s;embly begun and held at the City of St. Mary's the 20th. day of <HI>October Anno Domini</HI> 1678. to wit, An Act for the Naturalization of <HI>Jo&s;hua Gui|bert,</HI> and one other Act for the Naturalization of <HI>James Peane and Magdeline</HI> his Wife, <HI>Ann Peane and Jacob Lookerman</HI> of this Province, and one other Act con|cerning the &s;ecuring a Plantation with it's Appurtnances to <HI>Mary Ward</HI> Executrix of the la&s;t Will and Te&s;tameur of <HI>Mathew Ward</HI> of <HI>Talbot</HI> County deceas'd, to her and her Heirs for ever. And that all other private Acts what&s;oever heretofore made be confirmed ratyfied, deem'd, reputed, and taken to be in full Force, any Act or Acts heretofore made to the contrary notwith&s;tanding.</P>
<P>The following Laws were made at an A&s;&s;embly held in <HI>October</HI> 1695.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for laying an Impo&s;ition on &s;everal Commodities Exported aut of this Province.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from &amp; after the publication hereof no per&s;on or per&s;ons what|&s;oever inhabiting or re&s;iding within this Province &s;hall Export any Furrs or Skinns within this Act hereafter mentioned &amp; expre&s;t for <HI>England,</HI> or any his Maje&s;ty's Plantations here in <HI>America,</HI> but what he &s;he or they &s;hall pay unto his Sacred Maje&s;ty and his Succe&s;&s;ors to be imployed towards the maintenance of a Free School or Schools within this Province afore&s;aid, the &s;everal Duty's and Impo&s;ts hereafter following; that is to &s;ay for every Bear Sinn nine pence Sterling, for a Beaver four pence <HI>per</HI> Skinn, for an Otter three pence <HI>per</HI> Skinn, for wild Catts, Foxes, Minks, Fi&s;hers and Woolf Skinns one penny half penny <HI>per</HI> Skinn, for Muskratt four pence <HI>per</HI> dozen, for Racoons three farthings <HI>per</HI> Skinn; for Elk Skinns twelve pence <HI>per</HI> Skinn, for Deer Skinns dre&s;t or undre&s;t four pence <HI>per</HI> Skinn, for young Bear and Cubb Skinns two pence <HI>per</HI> Skinn; And that all non Re&s;idents from and after the publication afore&s;aid, that &s;hall export out of this
<PB N="35" REF="21">Province afore&s;aid any Furrs or Skinns herein before mentioned and expre&s;&s;ed for <HI>England</HI> or to any his Maje&s;ty's Plantations as afore&s;aid, &s;hall for every Skinn or Furrs by him exported of what nature or quality &s;oever being comprized within this Act, pay unto his Maje&s;ty or his Succe&s;&s;or for the u&s;e afore&s;aid double the Duty by this Act appointed to be paid by Per&s;ons inhabiting and reading within this Province as afore&s;aid the &s;ame &s;everal Impo&s;itions to be collected by the &s;e|veral and re&s;pective Naval Officers within this Province which &s;aid Naval Officers &s;hall once a year render an Account of the &s;aid Impo&s;ition to the Governors Tru&s;t|ees and Vi&s;itors of the afore&s;aid Free&s;chool or Schools for the time being who &s;hall and are hereby authori&s;ed and impowered to order and di&s;po&s;e of the &s;ame, to the U&s;es Intents and Purpo&s;es afore&s;aid. And to the end the &s;everal Impo&s;itions may be ju&s;tly and duly paid without Fraud or Deceit.</P>
<P>BE IT ENACTED By the Authority afore&s;aid, that any per&s;on or per|&s;ons what&s;oever exporting any Furrs or Skinns out of this Province, &s;hall at or before the &s;hipping on Board of &s;uch Ve&s;&s;el in which &s;uch Skinns or Furrs &s;hall be exported as afore&s;aid, render upon Oath an Account of the nature quantity and quality of the &s;aid Skinns by him her or them exported as afore&s;aid, and whether the &s;ame be his her or their proper Goods and Commodity's, or the Goods and Commodity's of any other per&s;on or per&s;ons, then whether he &s;he or they to whom they properly belong as afore&s;aid, be Inhabitants or Re&s;idents of this Pro|vince afore&s;aid, which &s;aid Oath &s;hall be exhibited by the &s;everal and re&s;pective Naval Officers or their Deputy's thereunto e&s;pecially appointed, and if any per|&s;on or per&s;ons whether Inhabitants or non Re&s;idents &s;hall put on Boord any Ship or other Ve&s;&s;el any Furrs or Skinns for which he &s;he or they &s;hall not have paid the Impo&s;ition afore&s;aid, or given good and &s;ufficient caution for the &s;ame to the Naval Officer of &s;uch Port and Place from whence &s;uch Furrs and Skinns &s;hall be Shipp'd as afore&s;aid, or to his Deputy for the time being, and a Certificate from under the Hand of &s;uch Naval Officer or his Deputy produce for the payment or caution by him given for payment of the Impo&s;ition afore&s;aid, he &s;he or they &s;o offending &s;hall forfeit and loo&s;e all his her or their Furrs or Skinns &s;o Shipped as afore&s;aid, one half thereof to his &s;aid Maje&s;ty and his Succe&s;&s;ors for the u&s;e afore&s;aid, the other half to him or them that &s;hall inform and Sue for the &s;ame, to be recovered by action of Debt, Bill, Plaint, or Information wherein no E&s;&s;oyn, Protection, or wager of Law &s;hall be allowed. And that the Ma&s;ter of any &s;uch Ship or Ve&s;&s;el that &s;hall willingly or knowingly take on Board his &s;aid Ship or Ve&s;&s;el any Furrs or Skinns as afore&s;aid, for which the party or party's Shiping the &s;ame &s;hall not produce a certifiicate as afore&s;aid, being thereof Lawfully con|vict &s;hall forfeit and pay the Sum of five thou&s;and pounds of Tobacco, one half thereof to his Sacred Maje&s;ty and his Succe&s;&s;ors for the u&s;e afore&s;aid, the other half to him or them that &s;hall inform or Sue for the &s;ame to be recovered as afore|&s;aid, and that the &s;everal and re&s;pective Naval Officers of the &s;everal and re&s;pect-Ports may and are hereby Authorized and Impowered when, and as often as he or they &s;hall think fit to enter into any Ship or Ve&s;&s;el trading to and from this Pro|vince, or into any Hou&s;e, Ware-Hou&s;e, or other Building and open any Trunck, Che&s;t, Cask or Fardle, and &s;earch to make in any part or place of &s;uch Ship or Ve&s;&s;el, Hou&s;es or Buildings as afore&s;aid, where &s;uch Naval Officer &s;hall &s;u&s;pect any &s;uch Furrs or Skinns to be as afore&s;aid, for which no Account is given or Du|ty paid as afore&s;aid, and upon finding any &s;uch Furrs or Skinns unqualified for exportation as afore&s;aid, them to &s;eize and have condemned, as by this Law is before directed.</P>
<P>And Be It Further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that from and after the publication hereof as afore&s;aid, all per&s;ons not being Inhabitants of this Province exporting out of the &s;ame any beef pork or bacon &s;hall pay unto his Sacred Maje&s;ty and his Succe&s;&s;ors for the u&s;e in this Act beforementioned and expre&s;t the &s;everal Impo&s;ts following, (that is to &s;ay) for dryed beef and bacon twelve pence the hundred weight, and &s;o proporti|onably for greater or le&s;&s;er quantity's, and for beef or pork undried twelve pence the Barrel, each Barrel to contain two hundred weight; And that no undried beef &amp; pork be exported out of this Province but in Cask as afore&s;aid, which &s;aid &s;everal Impo&s;itions &s;hall be collected and gathered by the &s;aid &s;everal and re&s;pect|ive Naval Officers who &s;hall be accountable for the &s;ame, and have full Authority
<PB N="36" REF="22">to enter any Ship or other Ve&s;&s;el as afore&s;aid, and to make &s;earch for every &s;uch prohibited Goods as afore&s;aid, in &s;uch method and maner as in this Act is before mentioned and expre&s;t, and if any per&s;on what&s;oever being non Re&s;ident as afore+&s;aid, &s;hall put on Board any Ship or Ve&s;&s;el any beef, bacon or pork for which he &s;he or they &s;hall not have a certificate as afore&s;aid, or that &s;hall Ship on Board a|ny beef or pork undried, not being in Cask as afore&s;aid, &s;uch per&s;on or per&s;ons &s;o offending &s;hall forfeit &amp; loo&s;e all his her or their meats &s;o Shipped as afore&s;aid, one half to his &s;aid Maje&s;ty and his Succe&s;&s;ors to the u&s;e afore&s;aid, and the other half to the Informer to be recovered as afore&s;aid.</P>
<P>And every Ma&s;ter of a Ship or other Ve&s;&s;el that &s;hall wittingly or knowingly take on board his &s;aid Ship or Ve&s;&s;el any beef, bacon or pork contrary to the true intent and meaning of this Act, being thereof Legally Convict &s;hall forfeit &amp; pay the Sum of five thou&s;and pound a&s; Tobacco, one half thereof to his &s;aid Maje&s;ty or his Succe&s;&s;ors for the u&s;e afore&s;aid, the other half to the Informer or him or them that &s;hall Sue for the &s;ame, to be recovered as afore&s;aid.</P>
<P>And for the better under&s;tanding what per&s;ons &s;hall be adjudged non Re&s;idents, It is hereby Declared and Enacted by the Authority afore&s;aid, that all per&s;ons what&s;oever trading to and from this Province &s;hall be adjudg'd, deem'd, &amp; taken as non Ra&s;idents not having a Seated Plantation of fifty Acres at the lea&s;t where|on he or &s;he with their Family (if any) have re&s;ided, for and during the &s;pace of one whole Year, and that within the time and term of twelve Months before any benefit claimed in and by vertue of this Act, or that hath, or hereafter &s;hall have an Hou&s;e in &s;ome Port or Town as his or their proper Freehold being fourty foot in length &amp; twenty foot in breadth with two Brick Chimneys to the &s;ame, wherein he &s;he or they &s;hall have re&s;ided for and during the &s;pace of one whole Year as a|fore&s;aid, and that no &s;uch per&s;on or per&s;ons trading to and from this Province having Hou&s;es in any Town or Port within the &s;ame, whereby he &s;he or they may claime any Benefit or Freedom in this Act given to the Inhabitants thereof, &s;hall Have Hold or Enjoy, &s;uch Benefit and Privilege as afore&s;aid any longer then he &s;he or they or his her or their Family &s;hall in &s;uch Port or Town actualy inhabit &amp; re&s;ide. Provided allways that it is the true Intent and Meaning of this Act, that no Per&s;on or Per&s;ons what&s;oever as &s;ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> trade directly from <HI>England</HI> hither be con&s;tru|ed, deem'd, reputed, or taken as Foreigners, but that all and every &s;uch per&s;on &s;o trading directly frnm <HI>England</HI> to this Province as afore&s;aid, have free Liberty in the Exportation of any Skinns or Furrs what&s;oever, or in the Exportation of any meat dried or undried equal with the Inhabitants of this Province, paying &s;uch Duty's aod Impo&s;itions for the &s;aid &s;everal and re&s;pective Commodity's as this Law hath impos'd upon the Inhabitants, as afore&s;aid and no more.</P>
<P>And Be it al&s;o further Enacted by the Authority afore&s;aid by and with the Ad|vice and Co&s;ent afore&s;aid, that one former Act of this Province, Intituled an Act for the laying an Impo&s;ition upon &s;everal Commodity's Exported out of this Pro|vince, be and is hereby Repealed.</P>
<P>Provided allways, and it is the true intent and meaning of this Act, that no per|&s;on or per&s;ons what&s;oever having in any part Tran&s;gre&s;&s;ed again&s;t the afore&s;aid Law during the time it was in force being as yet undi&s;covered or unpro&s;ecuted for the &s;ame: &s;hall have and receive any benefit or advantage by the repeal thereof but that upon the pro&s;ecution or di&s;covery of &s;uch per&s;on or per&s;ons &s;o having offend|ed as afore&s;aid, the &s;aid Laws &s;hall be pleadable in any Court within this Province, wherein any Plaint or Information &s;hall be brought again&s;t any &s;uch per&s;on or per|&s;ons as afore&s;aid, and Judgment thereupon by the Ju&s;tices of the &s;aid Court given as the nature of the ca&s;e &s;hall require, in as full and ample manner as though the &s;aid Law at the time of the pro&s;ecution afore&s;aid were then actually in Force, any thing before montioned or tecited to the contrary hereof notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the &s;ecuring Per&s;ons Rights to Town Lands.</HEAD>
<P>WHEREAS it is repre&s;ented to this General A&s;&s;embly <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;everal per&s;ons of this Province and others, that have taken up Lotts in &s;everal Towns Lands laid out and Surveyed for Towns according to the directions of &s;e|veral Laws of this Province heretofore made, that is to &s;ay, one Law made at a
<PB N="37" REF="22">Generall A&s;&s;embly held at the Ridge in <HI>Ann-Arundel</HI> County the 2d day of Octo|ber 1683. intituled <HI>An Act for Advancement of Trade</HI> and one other Act made at a General A&s;&s;embly held at the City of St. <HI>Marys</HI> the fir&s;t day of <HI>April</HI> 1684, intitu|led an <HI>additional and &s;upplementary Act to the Act for advancement of Trade,</HI> and one other Act made at a General A&s;&s;embly held at the City of St. <HI>Marys</HI> the 27th. day of <HI>October,</HI> Intituled a <HI>further additional Act to the Act for advancement of trade and the Supplementary Act of the &s;ame.</HI> as by the &s;ame &s;everall Acts of A&s;&s;embly re|maining upon Record in the Secretary's Office of this Province may appear. And notwith&s;tanding &s;everall per&s;ons who relying and depending upon the Benefits &amp; Priviledges in the &s;aid Laws granted, have taken up Lotts in the &s;aid Towns enter|ed them and paid for them or were ready to pay for them as the Law directed, and have built ond improved thereon, yet they are now threatened di&s;quieted and di&s;|turbed by the per&s;ons claiming Right to the &s;aid Lands upon pretence that becau&s;e that the &s;aid Acts are &s;ince repealed, the Titles of &s;uch Takers up Builders and Im|provers are de&s;troyed and die with the &s;aid Acts of Trade, contrary to the true Sen&s;e or rational Con&s;truction of the &s;ame Laws or any other of like nature, to prevent therefore and take off all &s;uch unnece&s;&s;ary Scruples and Doubts thereof,</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That all and every per&s;on or per&s;ons that during the continuance of the be|fore mentioned Acts of A&s;&s;embly did take up, pay for, or tendered or were ready to pay for any Lott or Lotts of Land in any Town Land laid out and allotted for Town Lands by the former Laws or any of them and the &s;ame Lott made due en|try thereof, and hath built and improved upon the &s;ame, and followed the direc|tions of the above mentioned Laws, they the &s;aid per&s;on and per&s;ons &s;o taking up entring building on and following the directions of the &s;aid Laws, their Heirs &amp; A&s;&s;igns &s;hall have hold and injoy a good &s;ure inde&s;eazable E&s;tate of Inheritance in Fee Simple of in and to every &s;uch Lott and Lotts of Land &s;o taken up and built on as afore&s;aid, according to the &s;aid Laws directions to them and their Heirs for ever, as fully largely and amply to all intents and purpo&s;es as if the &s;aid former Laws were &s;till in force or had never been Repealed.</P>
<P>Provided always, that where any per&s;on or per&s;ons that hath &s;o taken up built and improved, and hath not paid the price &s;et upon the &s;ame, that every &s;uch per|&s;on is hereby injoyn'd to pay the &s;aid value of the &s;aid Lott to the Owner and Claimer of the &s;aid Land upon demand without fraud or covin.</P>
<P><HI>An Act for the Naturalization of</HI> Michael Curtis <HI>and others.</HI></P>
<P>At an A&s;&s;embly held at the Town of <HI>Annapolis</HI> the <HI>30th.</HI> day of <HI>April</HI> in the VIII. Year of the Reign of our Sovereign Lord King <HI>William</HI> the III. of <HI>England &amp;c. Anno&abque; Domini</HI> 1696, were Enacted,</P>
<P><HI>An Act impowering the Commi&s;&s;ioners of the County of</HI> Kent <HI>to purcha&s;e three Acres of Land whereon to build a Court Hou&s;e.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;peedy Ju&s;tice and Incouragement of Trade.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Autho|rity of the &s;ame, That from and after the publication hereof, if any per&s;on or per|&s;ons what&s;oever be owing to any per&s;on or per&s;ons re&s;iding within, or trading into this Province any Sum or Sums of Tobacco or Mony being above the Sum of two hundred pounds of Tobacco or twelve Shillings, and not above the Sum of ten thou&s;and pounds of Tobacco or fifty pounds Sterling, being due by Bill, Bond, Note, Book or Account, or by any publick or County allowance, or any Officers Fees where Execution is not given by Law for the &s;ame, and the party Creditor
<PB N="38" REF="23">is de&s;irous of a &s;peedy recovery of the &s;ame, he &s;hall and may by virtue of this Law recover the &s;ame in manner and form following, that is to &s;ay, when the Party Plaintif Sues out his Writt again&s;t the Defendant he &s;hall deliver therewith a true Copy of his Declaration again&s;t the Defendant to the Sherrif with the Writt and if the Sherrif can &s;erve the &s;aid Writt eight days before the day of the return thereof, and at the time of &s;erving the &s;ame &s;hall deliver the Defendant a Copy of the Declaration, the &s;aid Defendant &s;hall and is hereby bound &amp; oblig'd to come to a Tryal with the Plaintif upon the Cau&s;e at the return of the &s;aid Writ without any Imparlance or Reference what&s;oever. And it &s;hall and may be Lawful to the Ju&s;tices of the &s;everal County Courts before whom &s;uch matters &s;hall be brought, to award Judgment again&s;t &s;uch Defendant upon his refu&s;al or neglect to plead or an&s;wer, except in &s;ome very extraordinary Ca&s;es or Accidents at the di&s;cretion of the Ju&s;tices, and for the a&s;certaining the allowances of the publick Leavy of this Province and what each per&s;on has therein, and for recovery of the &s;ame the Sher|rif of every County &s;hall at the next County Court after the publick Leavy or al|lowances comes to his hands deliver a Copy thereof to the Clerk of the County Court &s;ign'd by him as a true Copy under the penalty of two thou&s;and pounds of Tobacco for every time &s;uch Sherrif &s;hall fail therein, to the u&s;e of the Ve&s;try of the pari&s;h where the Sherrif dwells, and the Clerk &s;hall make a true Copy thereof atte&s;ted by him and &s;et up at the Court Hou&s;e, that all per&s;ons having any allow|ance therein may take knowledge thereof, and the other part &s;hall Record, under the penalty of two thou&s;and pounds of Tobacco to the u&s;e afore&s;aid, which Fines and Forfeitures &s;hall and may recovered in any County Court by the Ve&s;try as afore&s;aid, by Action of Debt Bill Plaint or Information, wherein no E&s;&s;oyn Pro|tection or Wager of Law &s;hall be allowed.</P>
<P><HI>An Act for the Naturalization of</HI> John Edgar of Somer&s;et <HI>County?</HI></P>
<P>Laws made in <HI>July</HI> 1696.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Sanctifying and keeping Holy the Lords Day commonly called Sunday.</HEAD>
<P>FORASMUCH as the Sanctifying and keeping Holy of the Lords Day commonly called Sunday hath been, and is e&s;teemed by the pre&s;ent, all the Primitive Chri&s;tians and People to be a principal part of the Wor&s;hip of Almighty God, and the Honour which is due to his Holy Name.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Ma-je&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the publication of this Law, no per&s;on or per|&s;ons what&s;oever within this Province &s;hall work or do any bodily Labour or Oc|cupation upon the Lords Day commonly called Sunday, nor &s;hall command or wilfully &s;uffer any of his her or their Children, Servants or Slaves to work or la|bour as afore&s;aid, (the works of ab&s;olute nece&s;&s;ity and Mercy allways excepted) nor &s;hall &s;uffer or permit any of his her or their children, &s;ervants or &s;laves, or any other under their Authority to abu&s;e or prophane the Lords Day as afore&s;aid, by Drunkenne&s;s, Swearing, Gaming, Fowling, Fi&s;hing, Hunting or any other Sports Pa&s;times or Recreations what&s;oever. And if any per&s;on or per&s;ons within this Province from and after the publication hereof &s;hall offend in all, or any of the Premi&s;&s;es, he &s;he or they &s;o offending &s;hall forfeit and pay for every offence the Sum of one hundred pounds of Tobacco to the u&s;e of the poor of the pari&s;h where the &s;aid Offender or Offenders do dwell and re&s;ide, the &s;aid offences or any of them being done in view of any Ju&s;tice of the Peace, Magi&s;trate or other head Of|ficer of any County, City or Town Corporate within this Province within their li|mits re&s;pectively, or being proved by the Oath of two or more Witne&s;&s;es, or by Confe&s;&s;ion of the party offending before any &s;uch Magi&s;trate, Ju&s;tice or head Officer
<PB N="39" REF="23">within their &s;everal Limits re&s;pectively wherein &s;uch offences &s;hall be committed, to wich End every Ju&s;tice, Magi&s;trate or other head Officer &s;hall have power by this Act to admini&s;ter Oath to &s;uch Witne&s;s or Witne&s;&s;es, any of which Sum or Sums of Tobacco &s;o forfeited &s;hall and may be executed and leavyed by the Sher|rif or Con&s;table by Warrant to any of them, directed from any &s;uch Ju&s;tice or Ju&s;t|ices of the Peace, Magi&s;trate or other head Officer as afor&s;aid within their &s;everal Limits, where all or any of the &s;aid offences &s;hall be committed or done, by dis|tre&s;s or &s;ale of the Offenders Goods rendring the party the overplu&s;s, all which Forfeitures &s;hall be to our Sovereign Lord the King his Heirs and Succe&s;&s;ors to the u&s;e afore&s;aid, to be recovered in any Court of Record within this Province by any per&s;on that will Sue for the &s;ame, by Bill Plaint or Information, wherein no E&s;|&s;oyn Protection or Wager of Law to be allowed. And the &s;aid Ju&s;tices, Magis|trates, head Officers, Sherrifs or Con&s;tables &s;hall render an Account thereof at the next Court to be holden for the re&s;pective County's, City or Burroughs where the &s;aid offence &s;hall be committed; And in default of &s;uch di&s;tre&s;s the Sherrif, under Sherrif, or Con&s;table are hereby Authorized and Impowered to bring the party offending before the next Ju&s;tice of Peace, who is hereby authorized and impow|ered to bind &s;uch Offender or Offenders over to the next Court to be holden for the County, City or Butrough re&s;pectively, and to be during the interval of good behaviour.</P>
<P>And Be It Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the Mini&s;ter of each re&s;pective Church or Chapel of this Province, do in pur&s;uance of his Maje&s;ty's Royal Letter directed to the Right Reverend Father in God <HI>Henry</HI> Lord Bi&s;hop of <HI>London,</HI> and Counter&s;igned by the Right Noble Prince <HI>Charles</HI> Duke of <HI>Shrewsbury</HI> their Maje&s;ty's principal Secre|tary of State, bearing date the 13th. of <HI>February Anno Domini</HI> 1689. to be com|municated to the Provinces of <HI>Canterbury</HI> and <HI>York,</HI> by him&s;elf or Clark read four times a Year, all penal Laws of this Province made for puni&s;hment of Vice, to|gether with his &s;aid Maje&s;ty's Royal Letter within their &s;everal and re&s;pective Pari&s;hes, on penalty of two thou&s;and pounds of Tobacco to be recovered as afore|&s;aid, to the u&s;e afore&s;aid.</P>
<P>Be It likewi&s;e Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con&s;ent afore&s;aid, that no Ordinary Keeper or any other Ma&s;ter or Mi&s;tre&s;s of a Family from and after the time afore&s;aid, either directly or indirectly by any Co|lour or pretence what&s;oever, (unle&s;s in ca&s;es of ab&s;olute nece&s;&s;ity) &s;hall or may upon the Lards Day &s;ell any &s;trong liquor what&s;oever to any per&s;on what&s;oever, or knowingly or wittingly &s;uffer or permit in or about his her or their Hou&s;e or Hou&s;es any tipling, drunkenne&s;s, gaming, exerci&s;e or pa&s;time what&s;oever as afore|&s;aid, being Covicted thereof by two &s;ufficient Witne&s;&s;es &s;hall forfeit the Sum of two thou&s;and pounds of Tobacco, one moiety thereof to our Sovereign Lord the King his Heirs and Succe&s;&s;ors to the u&s;e afore&s;aid, the other half to him or them that &s;hall Sue for the &s;ame to be recovered as afore&s;aid, and if an Ordinary-keep|er to loo&s;e his Licence.</P>
<P>And It is hereby further Enacted, that the &s;everal Clarks of the &s;everal County Courts within this Province be obliged hereby to &s;uffer and permit the &s;everal Clarks of the &s;everal Ve&s;try's to take Copy's of all and &s;ingular the Acts of A&s;&s;em|bly relating to Religion <HI>gratis,</HI> without taking or receiving any Fee therefore, under penalty of two thou&s;and pounds of Tobacco to &s;uch County Clark refu&s;ing the &s;ame to the u&s;e afore&s;aid to be recovered as afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>To his mo&s;t Excellent MAJESTY.</HEAD>
<OPENER><SALUTE>Dread Sovereign,</SALUTE></OPENER>
<P>FROM the Sincerity of our humble &amp; Loyal Hearts, we offer to your Sacred Per&s;on our mo&s;t dutyful &amp; &s;incere thanks for your Royal Care &amp; Protection to us, for your Maje&s;ty's Princely Zeal &amp; Pious Care of our Mother the Church of <HI>England,</HI> and extending your Royal Benediction to our Neighbouring Colony your Maje&s;ty's Subjects and Territory of <HI>Virginia,</HI> in your gracious Grant and Charter for the propagation of the Colledge or Place of univer&s;al Study in that your Maje&s;ty's &s;aid Colony. In humble Contemplation whereof, and being Ex|cited by his pre&s;ent Excellency <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> your Maje&s;ty's Governour
<PB N="40" REF="24">of this your Province, his Zeal for your Maje&s;ty's Service, Pious End cavours: &amp; generous Offers for the propagation of Chri&s;tianity and good Learning, herein we becom humble Suitors to your mo&s;t Sacred Maje&s;ty to extend your Royal Grace &amp; Favour to us your Maje&s;ty's Subjects of this Province repre&s;ented in this your Ma|je&s;ty's General A&s;&s;embly thereof, that it may be Enacted,</P>
<P>And MAY IT BE ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice Prayer and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That for the propagation of the Go&s;pel, and the Edu|cation of the Youth of this Province in good Letters and Manners, that a certain place or places for a Free-School or Schools, or place of Study of Latine, Greek, Writing and the like, Con&s;i&s;ting of one Ma&s;ter, one U&s;her, and one Writing Ma&s;|ter or Scribe to a School, and one hundred Scholars, more or le&s;s according to the ability of the &s;aid Free-School, may be made, erected, founded, propagated &amp; e&s;ta|bli&s;hed under your Royal Patronage, And that the mo&s;t Reverend Father in God <HI>Thomas</HI> by Divine Providence Lord Archbi&s;hop of <HI>Canterbury</HI> Primate &amp; Metropo|litan of all <HI>England,</HI> may be Chancellor of the &s;aid Schools, and that to perpetu|ate the Memory of your Maje&s;ty it may be called King <HI>William's</HI> School, &amp; man|aged by certain Tru&s;tees to be cho&s;en &amp; appointed by your Sacred Maje&s;ty, (to wit) as al&s;o by the following Tru&s;tees nominated and appointed by this pre&s;ent gener|al A&s;&s;embly, that is to &s;ay, by your Maje&s;ty's &s;aid Governour Francis Nichol&s;on <ABBR>E&s;q</ABBR> The Honourable Sir Thomas Laurence Barro-Knight, Colonel George Ro|botham, Colonel Charles Hutchins, Colonel John Addi&s;on of your Maje&s;ty's Honourable Council of this Province; The Reverend Divine Mr. Peregrine Co|ny and Mr. John Hewett, together with Robert Smith, Kenelm Che&s;ledyn, Hen|ry Cour&s;ey, Edward Dor&s;ey, Thomas Ennals, Thomas Tasker, Francis Jenkins, William Dent, Thomas Smith, Edward Booth by, John Thomp&s;on and John Big|ger Gentlemen or the greate&s;t part or the Succe&s;&s;ors of them, upon and in a cer|tain place of this Province called <HI>Ann-Arundel</HI> Town upon <HI>Seavern</HI> River, and at &s;uch other place or places as by the General A&s;&s;embly of this Province &s;hall be thought convenient &amp; &s;itting to be &s;upported &amp; maintained in all time coming, and that your Maje&s;ty will for your Heirs and Succe&s;&s;ors grant and give leave to the &s;aid <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> and Tru&s;tees above&s;aid, or the major part or long|e&s;t Livers of them that they may be enabled to take, hold and injoy, and that they may be apt &amp; capable in Law for taking, holding and injoying all Manors, of Lands, Tenements, Rent Services, Rectory's, Portions, Annuity's, Pen&s;ions, with all other Inheritances, Franchi&s;&s;es and Po&s;&s;e&s;&s;ion what&s;oever Spiritual or Temporal to the value of fifteen hundred pounds Sterling, and all other Goods, Chattels, Money and Per&s;onal E&s;tate what&s;oever of the Gift of any per&s;ons what&s;oever that is willing to be&s;tow them for the &s;aid u&s;e, or any other Gifts, Grants, A&s;ignments Legacyes, or Appointment of the &s;ame, or of any of them or of any other Goods what&s;oever: with this expre&s;s intention and tru&s;t put in them, That the &s;aid Fran|cis Nichol&s;on and other the Tru&s;tees afore&s;aid, or the major part or longe&s;t livers of them, &s;hall take and hold the premi&s;&s;es and &s;hall di&s;po&s;e of the &s;ame and of the Rents, Revenues, and Profits thereof or of any of them; onely for defraying the Charges that &s;hall be laid out in erecting and fitting the Edifices of the &s;aid intend|ed Free&s;chool or Schools as they or the major part of them &s;hall think mo&s;t expe|dient, until the &s;aid Free&s;chool or Schools &s;hall be actualy erected, founded, and e&s;tabli&s;hed. And upon the Tru&s;t and Intention, That as &s;oon as the &s;aid Free-School or Schools &s;hall be erected and founded: the &s;aid Francis Nichol&s;on and other the Tru&s;tees above named, &s;hall from time to time and at all times hereafter apply all &s;uch Lands Tenements Rents Annuitys Goods Chatels Profits Incoms or Advantages what&s;oever Reall or Per&s;onall, or as much as &s;hall not be laid out and be&s;towed upon building the laid Free&s;chool or Schools as afore&s;aid as &s;hall be hereafter expre&s;&s;ed. And that when the &s;aid Free&s;chool or Schools &s;hall be &s;o erect|ed and e&s;tabli&s;hed. the &s;aid Francis Nichol&s;on and other the Tru&s;tees above nam|ed or the major part or longe&s;t liuers of them &s;hall Apply and Appropriate to the U&s;e Benefit and Maintenance out of the Revenues or Incoms to the &s;aid Tru&s;tees to the u&s;e afore&s;aid, the &s;um of One hundred &amp; twenty Pounds Sterling <HI>per Annum</HI> for the &s;alary &s;upport &amp; maintenance of the &s;aid fir&s;t mentioned Froe&s;chool, Ma&s;ter U&s;her &amp; Scribe, and the nece&s;&s;ary Repairs and Improvements of the &s;ame, as to the
<PB N="41" REF="24">&s;aid <HI>Francis Nichol&s;on</HI> and Tru&s;tees afore&s;aid, the major part or Survivors of them &s;hall &s;eem expedient from time to time to ordain in the Premi&s;&s;es, and that for the u&s;es and purpo&s;es afore&s;aid, they the &s;aid <HI>Francis Nichol&s;on</HI> and the Trus|tees afore&s;aid, the Survivor or the major part of them &s;hall and may be incorpo|rated into a Body politick by the Name of the Rectors, Governours Tru&s;tees, and Vi&s;itors of the Free-Schools of <HI>Maryland,</HI> with full power to plead and be im|pleaded, to Sue and be Sued, to defend and be defended, to an&s;wer and be an|&s;wered in all and every Cau&s;e, Complaint and Action, real, per&s;onal and mixt of what&s;oever kind and nature it &s;hall be, what&s;oever Courts and Places of Judica|ture belonging to your Maje&s;ty your heirs or Succe&s;&s;ors, or by from or under your Royal Grant or Authority, and that your Maje&s;ty will be graciou&s;ly plea&s;ed to give and grant your &s;pecial Licence as far as your Maje&s;ty &s;ees expedient to the &s;aid <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> and the other Tru&s;tees afore&s;aid, that they or any of them, or that any per&s;on or per&s;ons what&s;oever after the &s;aid Free-School or Schools is, or are &s;o erected, founded and e&s;tabli&s;hed or before, may have power to give and grant, a&s;&s;ign and bequeath all or any manner of Lands, Tenements, Rents Services, Portions, Annuity's, Pen&s;ions, Inheritances, Franchi&s;&s;es and Po&s;|&s;e&s;&s;ions what&s;oever Spiritual or Temporal to the value of fifteen hundred pounds Sterling <HI>per Annum</HI> be&s;ides all Burthens, Reprizals and Reparations to them the &s;aid <HI>Francis Nichol&s;on</HI> and other the Governours, Tru&s;tees and Vi&s;itors of the &s;aid Free&s;chools of <HI>Maryland,</HI> the major part or Survivors of them incorporate for the u&s;es afore&s;aid, to them and their Succe&s;&s;ors for ever.</P>
<P>And further, that the &s;aid <HI>Francis Nichol&s;on</HI> and other the Governours, Tru&s;tees and Vi&s;itors afore&s;aid the longe&s;t Livers and Succe&s;&s;ors of them, be the true, &s;ole and undoubted Vi&s;itors, Tru&s;tees and Governours of the &s;aid Free&s;chool or Schools in perpetual Succe&s;&s;ion for ever, to be continued in the way and manner hereafter &s;pecified, with full &amp; ab&s;olute Power, liberty &amp; authority in making and ordaining &s;uch Laws, Orders and Rules for the good government of the &s;aid Free|&s;chool or Schools, as to them the &s;aid Tru&s;tees, Governour and Vi&s;itors afore&s;aid and their Succe&s;&s;ors, &s;hall from time to time according to the various occa&s;ions and circum&s;tances &s;eem mo&s;t fit and requi&s;it, all which &s;hall be ob&s;erved by the Ma&s;ter, U&s;her, Tutors and Scholars of the &s;aid School, upon the penalty therein contained.</P>
<P>Provided notwith&s;tanding, that the &s;aid Rules, Laws and Orders be no ways contrary to your Maje&s;ty's Prerogative Royal, nor to the Laws and Statutes of your Kingdom of <HI>England</HI> or Province of <HI>Maryland</HI> afore&s;aid, or to the Canons and Con&s;titutions of the Church of <HI>England</HI> by Law E&s;tabli&s;hed, and that they the &s;aid Governours, Vi&s;itors and Tru&s;tees afore&s;aid and their Succe&s;&s;ors, &s;hall for ever be Eighteen Men, and not exceeding Twenty in the whole, to be elected &amp; con&s;tituted in the way and manner hereafter &s;pecified, of which one di&s;creet and fit per&s;on that &s;hall be called Rector of the &s;aid Free&s;chool and Schools, and that from time to time, and in all times coming the &s;aid Rector &s;hall exerci&s;e the &s;aid Office during one Year (Death and Legal Di&s;ability excepted) and after till &s;ome others of the &s;aid Vi&s;itors and Governours of the &s;aid School or Schools &s;hall be duly elected, preferr'd and Sworn to the &s;aid Office, &amp; that from time to time, and at all times coming after the &s;aid Year is expired, or after the death of the &s;aid Rector, the Year the Vi&s;itors or Governours of the &s;aid School or Schools or the greate&s;t part of them or their Succe&s;&s;ors &s;hould have power to elect and nominate another di&s;creet and fit per&s;on from among&s;t them&s;elves to be Rector of the &s;aid Free&s;chool or Schools, and that he who is &s;o elected, preferr'd and nominated in|to the place of Rector as afore&s;aid &s;hall have power to have, exerci&s;e and injoy the &s;aid Office of Rector for one whole Year except before excepted then next en&s;uing and thereafter until &s;ome other Rector of the &s;aid School or Schools, &s;hall be du|ly elected, preferr'd to and Sworn in the &s;aid Office, and to perpetuate the Succe&s;|&s;ion of the &s;aid Governours, Roctors and Vi&s;itors, and that as often as one or more of the Governors or Vi&s;itors of the &s;aid School or Schools, &s;hall die or re|move him&s;elf and family out of this Province into any other Country for good &amp; all; That then and &s;o often, the Rector for the time being and the other Vi&s;itors and Governors of the &s;aid Free-School and Schools then &s;urviving and remaining within the Province or the major part of them, &s;hall and may have leave to Elect, Nominate and Choo&s;e one or more of the principall or better &s;ort
<PB N="42" REF="25">of the Inhabitants of the &s;aid Province into the place or places of the &s;aid Vi&s;itors and Governours &s;o dead or removed, and &s;o to fill up the number of the Vi&s;itors &amp; Governours for the &s;aid School and Schools, and that he and they be elected and cho&s;en &s;hall take his and their Corporal Oath before the Rector and other Vi&s;i|tors and Governours as afore&s;aid, or the major part of them well and &s;aith|fully to execute the &s;aid Office, which Oath the Rector and two or more of the &s;aid Vi&s;itors &s;hall have power to admini&s;ter, and that after taking the &s;aid Oath he or they &s;hall be of the number of the &s;aid Vi&s;itors and Governours of the &s;aid School or Schools.</P>
<P>And further, that the &s;aid Rector for the time being by and with the Advice &amp; Con&s;ent of three or more of the &s;aid Governours and Vi&s;itors &s;hall and may from time to time and as often as need &s;hall require and they &s;ee convenient call and convocate the &s;aid Governours and Vi&s;itors together, to do, con&s;ult and con&s;ent to &s;uch things as for the propagation, good and benefit of the &s;aid Free&s;chool or Schools &s;hall be ordained and e&s;tabli&s;hed, and that the &s;aid Governours and Vi|&s;itors &s;hall and may hold &s;uch their Court or Convocation in &s;uch Free&s;chool or &s;uch part thereof as to them &s;hall &s;eem convenient, and &s;hall and may from time to time puni&s;h any di&s;orders, breaches, mi&s;demeanors or offences of any Ma&s;ter, u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">her, &s;cribe or &s;cholars of any &s;uch free&s;chool or &s;chools, again&s;t any orders, Laws or Decrees of the &s;aid Governours &amp; Vi&s;itors afore&s;aid, and if they find cau&s;e to alter, di&s;place aad turn out any Ma&s;ter, U&s;her or Scribe of any &s;uch School or Schools, and put others in their Steads and Places as to the &s;aid Roctors, Gover|nours and Vi&s;itors of the &s;aid School or Schools, or the major part of them &s;hall &s;eem convenient and fitting, and al&s;o that the &s;aid Rectors, Governours and Vi|&s;itors of the &s;aid Free&s;chool or Schools and their Succe&s;&s;ors &s;hall have one comon Seal which they make u&s;e of in what&s;oever cau&s;e and bu&s;ine&s;s belonging to them and their Succe&s;&s;ors relating to the &s;aid Office of Rector, Governours &amp; Vi&s;itors of the &s;aid Free&s;chool and Schools, and that the &s;aid Governours and Vi&s;itors may have leave to break, change and renew their &s;aid Seal from time to time at their plea&s;ure as they &s;hall &s;ee mo&s;t expedient.</P>
<P>And further, that it may plea&s;e your Maje&s;ty to grant to the &s;aid Rector, Go|vernours and Vi&s;itors afore&s;aid of the &s;aid Free&s;chool or Schools afore&s;aid, that as &s;oon as they &s;hall be enabled by any Gifts, Grants, Pen&s;ions, Donations or In|coms of any Manners, Lands, Tenements or other E&s;tate what&s;oever real or per|&s;onal exceeding the Sum of one hundred and twenty pounds <HI>per Annum,</HI> allotted and allowed for &s;upport and reparations of the fir&s;t &s;tree&s;chool at <HI>Seavern</HI> as afore|&s;aid, that then as they &s;hall be enabled as afore&s;aid, the &s;aid Rector Governors and Vi&s;itors &s;hall proceed to erect found and build one other Free-School at the Town of <HI>Oxford</HI> on the Ea&s;terrn &s;hoar of this Province in Talbot County, or in &s;uch place of the &s;ame County as to the &s;aid Rector Governors &amp; Vi&s;itors afore|&s;aid &s;hall &s;eem mo&s;t expedient. And after the &s;ame &s;hall be built founded &amp; e&s;tabli|&s;hed, to appropriate and apply to the &s;aid &s;econd Free-School out of the Trea&s;ure arrowing to them for the Benefit and Advantage of Free-Schools afore&s;aid over &amp; above the One hundred and twenty pounds per Year allowed as afore&s;aid to the fir&s;t Free-School. The like &s;um of One hundred and twenty pounds per Year for the Benefit Advantage and Support of &s;uch &s;econd Free-School, and &s;hall and may place a Ma&s;ter U&s;her and Scribe thereon as in the other fir&s;t Free&s;cool as afore&s;aid, and &s;hall in all re&s;pects be under the &s;ame benefits, privileges. Injuncti|ons and Re&s;trictions as the &s;aid fir&s;t Free&s;chool, and al&s;o after the &s;aid &s;econd Free&s;chool is built, erected founded and furni&s;hed the &s;aid Rectors, Governours &amp; Vi&s;itors &s;hall as fa&s;t as they &s;hall be enabled as afore&s;aid, proceed to the erecting other and more Free&s;chools in this Province, that is to &s;ay in every County of this Province, at Pre&s;ent one Free&s;chool, and &s;hall and may be impowered to e&s;ta|bli&s;h, con&s;titute, injoyn and re&s;train to &amp; under the fame benefits advantages, in|junctions and re&s;trictions as afore&s;aid, and appropriate and apply &s;uch &amp; &s;o much of the &s;aid Revennue not before di&s;po&s;ed or ordained' to each Free&s;chool, as to them &s;hall &s;eem mo&s;t convenient and expedient, not exceeding one hundred and twenty pounds <HI>per Annum</HI> as afore&s;aid.</P>
<P>And Be it hereby Enacted by the Authority afore&s;aid, that a &s;upplementary Act for Free&s;chools made at a Se&s;&s;ion of A&s;&s;embly begun and held at the City of St. <HI>Marys</HI> the 21&s;t. day of <HI>September</HI> 1694. be and is hereby utterly repealed and made void.</P>
<PB N="43" REF="25">
<P><HI>An Act for keeping good Rules and Orders in the Port of</HI> Annapolis.</P>
<P>Laws made at a General A&s;&s;embly held at the Port of <HI>Anuapolis</HI> the 26th, Day of <HI>May Anno Domini</HI> 1697.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the confirming Titles of Land given to the u&s;e of the Churches and &s;everal Chapels within this Province, impowering the Commi&s;&s;ioners of the re&s;pective Countys and Ve&s;trys of the re&s;pective Pari&s;hes to take up certain parcels of Land for the u&s;e of the &s;ame.</HEAD>
<P>WHEREAS &s;everal pious and well di&s;po&s;ed per&s;ons have given and granted unto the re&s;pe live Pari&s;hes whereto they do belong certain par|cels of Ground for the u&s;e and benefit of a Church and Church-yard, which &s;aid Land through the neglect of the Ve&s;try's whereby an Act of A&s;&s;embly of this Pro|vince made at a Se&s;&s;ions, of A&s;&s;embly held at the Port of <HI>Annapolis</HI> the twentie th day of <HI>July Anno Domini</HI> 1696, Intituled <HI>an act for the &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ce of Almighty God &amp; E&s;tabli&s;hment of the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">rote&s;tant <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eligion,</HI> were thereby capacitated and impowered by the names of the principal Ve&s;tryman and the re&s;t of his Brethren Ve&s;trymen of &s;uch Pari&s;h to take and receive any Deed or Gift for the &s;ame, notwith&s;tandng the charges of the re&s;pective Pari&s;hes in building Churches or Chapels thereon is like to be lo&s;t, or the Title thereunto very di&s;putable, for want of &s;uch Deed of gift or Conveyance Inroled and Recorded as by the Act of A&s;&s;embly is required, the fir&s;t Dhnors or Grantors thereof being dead, and the Heirs of &s;uch Donors or Grantors either refu&s;ing to make over &s;uch Land as afore&s;aid, or under age not capable of &s;o doing.</P>
<P>BE IT THE REFORE ENACTED by the Kings mo&s;t Excellent Ma-je&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that all &s;uch Lands as have formerly been given to the u&s;e of any Church or Chapel, &amp; for which the Donors or grantors thereof in their Life times having not given any Deed of Gifr for the &s;ame, or otherwi&s;e refu&s;ing &s;o to do, and in confidence of who&s;e promi&s;e the Pari&s;h have been at the charge of erecting and building their Churches thereon, be and remain to the u&s;e of the Pari&s;h for ever, again&s;t all Claims or preten&s;ions of Claims made, or that hereaf|ter &s;hall be made by &s;uch Donors or Grantors, or his or their Heirs Executors or A&s;&s;igns as firmly and ab&s;olutely as if the &s;ame had been made over by Deed of Gift, Grant or otherwi&s;e inroled and Recorded as afore&s;aid.</P>
<P>And to the end it may be known what Lands have been &s;o given to the u&s;e of any Church or Chapel afore&s;aid and made over and confirmed by Deed of Gift or Grant as afore&s;aid, the Grand Jury in each re&s;pective County within this Province next after the publication of this Act &s;hall have in charge to inquire by what titles &s;uch Lands, whereupon the &s;everal Churches or Chapels afore&s;aid, within the re&s;pective Pari&s;hes and in their Precincts are held? and to render an Account there of to the Court, who are hereby impowered where any &s;uch Lands &s;hall appear to be given and not confirmed as afore&s;aid, in open Court to examin Witne&s;&s;es <HI>in perpetunm Rei Memoriam,</HI> and the &s;ame Cau&s;e to be Recorded in the County Re|cords, which &s;hall be deemed, adjudged and taken in all Courts of Record within this Province as &s;ufficient proof of the Donation or Grant, as al&s;o to the quantity of Acres given or granted as afore&s;aid, and in ca&s;e it &s;hall appear upon &s;uch exa|mination, that Lands have been given for the u&s;e of any Church, Chapel and Church-yard as afore&s;aid, but the quantity thereof not mentioned by the Donors or Grantors thereof as afore&s;aid, that then, and in every &s;uch ca&s;e, the Ve&s;try of the re&s;pective Pari&s;h where &s;uch Gift or Grant hath been made, and the quantity not a&s;certained as afore&s;aid, may demand and take of &s;uch Lands for the u&s;e of the Church and thereto adjacent two Acres and no more, which they &s;hall cau&s;e to be Surveyed and &s;taked out, and make return of two Certificates thereof, one of which mu&s;t be Recorded in the County Court, and the other in the high Court
<PB N="44" REF="26">Chancery, there to be Regi&s;tred <HI>in perpetuam Rei Memoriam</HI> as afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that where the Ve&s;try of any Pari&s;h within this Province have, or &s;hall think convenient to place either Church or Chapel of Ea&s;e within their re&s;pective Pari&s;hes for the better convenieney of their Pari&s;honers, but the Owner or Owners of &s;uch Land cho&s;en out and appointed by &s;uch Ve&s;try as a|fore&s;aid, for the u&s;e of their Pari&s;h afore&s;aid, either refu&s;ing to make &s;ale thereof, or being unrea&s;onable in his or their demands for the &s;ame, or otherwi&s;e incapa|citated by non-age, <HI>non &s;ane memaria,</HI> or being beyond the Seas, that then and in every &s;uch ca&s;e, the re&s;pective Ve&s;try's of the re&s;pective Pari&s;hes &s;hall apply them|&s;elves to the commi&s;&s;ioners of the County Court whereto they belong, upon who&s;e application the &s;aid Commi&s;&s;ioners &s;hall forthwith grant their Warrants to the Sherrif of their County thereby requirng him at a certain day and time to be by them nominated and appointed to impannel a Jery of &s;ub&s;tantial Freeholders next adjacent to the Land in quest afore&s;aid, which &s;aid Commi&s;&s;ioners and Jury afore|&s;aid &s;hall proceed in all things as by another Act of A&s;iembly Intituled <HI>(an Act impowering the Commi&s;&s;ioners of the &s;everal and re&s;pective Countys to take up and pur|cha&s;e Lands for their County Court Hou&s;es)</HI> they are directed not exceeding two Acres, as before in this Act is mentioned and expre&s;t, any thing in this Act, or any other ordained to the contrary notwith&s;tanding.</P>
<P><HI>An Act for the better enabling Mrs.</HI> Catherine Herman <HI>Widow and Relict of Colonel</HI> Ca&s;parus Augu&s;tin Herman <HI>decea&s;ed, to &s;ell Land in the Port of</HI> Annapolis <HI>according to the contract of her &s;aid decea&s;ed Husband.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act impowering the Commi&s;&s;ioners of each re&s;pective County to purcha&s;e Lands for the u&s;e of their re&s;pective Courts.</HEAD>
<P>WHEREAS it has been repre&s;ented to this General A&s;&s;embly that &s;un|dry Court Hou&s;es within this Province, for the better conveniency of their re&s;pective Countys have been built upon Land whereunto the Countys could make no legal Claim or Challenge, the Owners thereof either refu&s;ing to make &s;ale, or otherwi&s;e incapacirated or &s;o doing by rea&s;on of non-age, or being be|yond the Seas, which evil if not prevented will be very prejudicial to &s;uch Coun|rys who have already laid out and expended con&s;iderable Sums of Tobacco in erecting and building &s;uch Court Hou&s;es afore&s;aid.</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that the Commi&s;&s;ioners of the &s;everal and re&s;pective Countys within this Province, who&s;e Court Hou&s;es are erected that did otherwi&s;e hold Courts on Lands whereunto the re&s;pective County can lay no ju&s;t Title or Claim to as afore&s;aid, do at or before the tenth day of <HI>April</HI> next en&s;uing meet at their te&s;pective Court Hou&s;es (if any) or otherwi&s;e at &s;uch u&s;ual place where Courts are by them held as afore&s;aid, and there treat, contract and agree to and with the Owner or Owners of &s;uch Lands whereon &s;uch Court Hou&s;e &s;hall &s;tand or Courts be held as afore&s;aid, for &s;uch and &s;o much Land in that part and place where &s;uch court hou&s;e &s;tands or courts held as afore&s;aid as to them may &s;eem con|venient for the u&s;e thereof not exceeding the quantity of three Acres, and upon agreement with &s;uch per&s;on or per&s;ons or per&s;ons partys Owners as afore&s;aid, or his or their Artorney or Attorneys by him or them impowered to make &s;ale there|of to receive a Conveyance thereof in the Name of his Maje&s;ty his Heirs &amp; Suc|ce&s;&s;ors, to the u&s;e of the County beforementioned, and the &s;ame &s;hall Record in the County Courts as by Act of A&s;&s;embly is required, and the Sum or Sums of Tobacco by them &s;o contracted &amp; agreed for to be Leavied by an equal a&s;&s;e&s;&s;|ment on the re&s;pective Countys for and in &s;atisfaction of the purcha&s;es afore&s;aid. But in ca&s;e &s;uch Owner or Owners, or his or their Attorneys Lawfully impower'd &s;hall refu&s;e to make &s;ale thereof, or be unrea&s;onable in his or their demands, or other wi&s;e incapacitated to make &s;ale thereof by rea&s;on either of non-age, <HI>non &s;ane
<PB N="45" REF="26">memoria</HI> or being beyond the Seas, that then and in every &s;uch ea&s;e, it &s;hall and may be Lawful for the Commi&s;&s;ioners of the &s;aid &s;everal and re&s;pective Countys by virtue of this Act to i&s;&s;ue out Warrants to the re&s;pective Sherrifs thereby com|manding &amp; impowering them to impannel a jury of &s;ub&s;tantial freeholders with|in their re&s;pective Precincts at a certain day and time to appear before the &s;aid Commi&s;&s;ioners on the Lands afore&s;aid, which jury upon their Oaths to them fir&s;t admini&s;tred by the &s;aid commioners are to inquire into the true value of &s;uch and &s;o much of the &s;aid Land as by the Commi&s;&s;ioners they &s;hall be directed not ex|ceeding three Acres afore&s;aid, and to a&s;&s;e&s;s &s;uch damage and recompence for the &s;ame as they &s;hall think fit to be awarded to the Owners and others on their behalf intru&s;ted, and the return of the jury to be by them made in two parts, one whereof is to be &s;ent to his Excellency the Governour &amp; Council of this Province for the time being, the other to be Recorded within the &s;everal and re&s;pective County Court whereto they properly belong, &s;hall be a perpetual Barr to the Claim or preten&s;ion of Claim made, or that &s;hall hereafter be made to the whole or any part thereof by the owner or owners, or his or their heirs executors or a&s;&s;i|gns for ever. And the damage or recompence by the &s;everal and re&s;pective jury's awarded for and in &s;atisfaction of &s;uch Lands by them inquired of to the Owner or Owners thereof as afore&s;aid, &s;hall be by the Commi&s;&s;ioners of the re&s;pective Coun|tys for the time being when thereunto required by &s;uch Owner or Owners or o|thers Lawfully intituled to the damage thereof, to be leavied and a&s;&s;e&s;&s;ed in &s;uch method and manner as in this Act is before mentioned and expre&s;&s;ed. And for the better a&s;certaining the bounds of the &s;aid Land &s;o purcha&s;ed or taken up for the u&s;e of the Countys afore&s;aid, it &s;hall and may be Lawful to and for the &s;aid Commi&s;&s;ioners who are al&s;o hereby impowered &amp; required to i&s;&s;ue out Warrants to his Maje&s;ty's Surveyors of the re&s;pective Countys whereto they belong to ap|pear at &s;uch day and place to be by them appointed as afore&s;aid, then and there to &s;urvey and lay out in the pre&s;ence of the jury afore&s;aid &s;uch Lands by them ta|ken up for the u&s;e of the County afore&s;aid, and the &s;ame at the end of each Angle &s;hall bound with a good and &s;ub&s;tantial Locu&s;t Po&s;t, or other durable Wood to be &s;ix foot under ground at the lea&s;t, and five foot above, as al&s;o &s;uch and &s;o many Po&s;ts within the Angles afore&s;aid, as may be di&s;covered from one to the other, which Po&s;ts when and as often as they &s;hall decay the Commi&s;&s;ioners &s;hall cau&s;e new ones to be affixed in their places at the County Charge for ever, &amp; the re&s;pective Surveyors return two Certificates of &s;uch Surveys by them made as a|fore&s;aid with fair Platts of the &s;ame, one whereof to his Excellency the Governor and Council as afore&s;aid, the other to be Recorded and kept in the County Court as afore&s;aid, any Law Statute Cu&s;tom or U&s;uage to the contrary notwith&s;tanding.</P>
<P>And Be it Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the Lott whereon the Court Hou&s;e of <HI>Dorche&s;ter</HI> County now &s;tands, together with the Tenements thereon being formerly taken up and purcha&s;ed as Town Land, but the Records of tho&s;e Lotts taken up being either im|bezled or ca&s;ually lo&s;t, be and remain to the u&s;e of the County for ever as firmly and ab&s;olutely as if the &s;ame had been actually conveyed by the true Owner or Owners thereof, any thing herein contained to the contrary notwith&s;tanding.</P>
<P><HI>An Act directing and appointing to what u&s;e the &s;everal Rooms in the</HI> State-Hou&s;e <HI>in the Town and Port of</HI> Annapolis <HI>&s;hall be applyed to.</HI></P>
<P><HI>An Act for the Naturalization of</HI> Stephen Francis <HI>an</HI> Italian, <HI>and</HI> George Sleycomb <HI>a</HI> German <HI>born.</HI></P>
<P>The&s;e following Laws were made the 3 <ABBR><HI>d.</HI></ABBR> day of <HI>April</HI> 1698. <HI>viz.</HI></P>
<P><HI>An Act ve&s;ting two Tracts of Land in</HI> John Gadsby <HI>&s;old him by</HI> George Norman.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="46" REF="27">
<HEAD>An Act a&s;certaining the Bounds and Limitts of <HI>Ann-Arundel</HI> and <HI>Baltemore</HI> Countys.</HEAD>
<P>WHEREAS by an Ordinance of A&s;&s;embly <HI>Anno Domini</HI> 1696. was appointed Capt' Richard Hill, Major John Hammond and Major Ed|ward Dor&s;ey of Ann-Arundel County Gent' al&s;o Mr. George A&s;hman, Mr. Ri|chard Crumwel and Capt' Thomas Hammond of Baltemore County Gent' with the Surveyor, for the better divi&s;ion of the &s;aid County's of Ann-Arundel and Baltemore, it is humbly &s;et forth by Thomas Richard&s;on Surveyor, and the great|e&s;t part of the &s;aid Gent' appointed, that in obedience to the &s;aid Ordinance they have made a perfect divi&s;ion of the &s;aid County in manner and form following, be|ginning at three marked Trees, <HI>viz.</HI> a white Oak, a rod Oak and a Che&s;nut Tree &s;tanding about a Mile and a quarter to the Southward of Bodkin Creek on the We&s;t &s;ide of Chea&s;apeak Bay, the marked red Oak on the right Hand for Balte|more County, the Che&s;nut Tree on the left Hand for Ann-Arundel, the white Oak in the middle, they &s;tanding near a Mar&s;h and and Pond, and running thence We&s;t until it cro&s;s the Road from the Mountains of the mouth of Maggaty Ri|ver to Richard Beards Mill, then continuing We&s;tward with the &s;aid Road to William Hawkins path to two marked Trees the one for Ann-Arundel County &amp; the other for Baltemore County, thence continuing along the &s;aid Road to John Locketts path to two Trees for the end and purpo&s;es afore&s;aid, the leaving the Road by a Line drawn We&s;t to William Slades path to two marked Trees as a|fore&s;aid. thence continuing We&s;t between the Draughs of Maggaty and Potap&s;co Rivers, until it come to a Mountain of white Stone Rock, &s;till continuing We&s;t to a Road going to Potap&s;co to Peter Bonds to two marked Trees as afore&s;aid for the end and purpo&s;e afore&s;aid, thence continuing We&s;t to the main Road to Po|tap&s;co Ferry to two marked Pines &s;tanding near the ready Branch written at large on the North &s;ide of the &s;aid Trees Baltemore County, on the South &s;ide Ann-A|rundel County; from thence with a Line drawn We&s;t North We&s;t to Elk Ridge Road to two marked Trees for the end and purpo&s;es afore&s;aid. thence continuing the &s;ame cour&s;e of We&s;t North We&s;t to Patuxent River, and &s;o up the &s;aid River to the Extent thereof for the Bounds of Baltemore County.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That from and after the publication hereof, that all that Tract of Land lying on the North &s;ide of the &s;aid divi&s;ion Lines, Trees and Land Marks before expre&s;t, with all the Inhabitants up the Bay, from the &s;aid Lines, Trees &amp; Land Marks be always taken, reputed and be in Baltemore County, and that all the Land and Inhabitants from the &s;aid divi&s;ion Lines, Trees and Land Marks on the South &s;ide of the &s;aid Lines Trees and Land Marks to the ancient extent of Ann-Arundel County be always taken, reputed and be in Ann-Arundel County, and Law Cu&s;tom or U&s;uage to the contrary notwith&s;tanding.</P>
<P><HI>An Act for the Naturalization of</HI> Peter Dwdee <HI>a</HI> French-Man <HI>in</HI> Somer&s;et <HI>County.</HI></P>
<P><HI>An Act for the better divi&s;ion of St.</HI> Pauls <HI>and</HI> Shrewsbury <HI>Pari&s;hes.</HI></P>
<P><HI>An Act for Enabling Mrs.</HI> Elizabeth Norman <HI>Executrix of</HI> George Norman <HI>to make over two Tracts of Land to</HI> John Gadsby <HI>and his Heirs for ever.</HI></P>
<P><HI>An Act impowering the Commi&s;&s;ioners of</HI> Caecil <HI>County to hold a Court this pre&s;ent year in April</HI></P>
<PB N="47" REF="27">
<P>Laws made at <HI>Annapolis</HI> the <HI>20th.</HI> day of <HI>October</HI> 1698.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for a&s;certaining the bounds of a certain Tract of Land to the u&s;e of the <HI>Nanticoke Indians,</HI> &s;o long as they &s;hall occupy and live upon the &s;ame.</HEAD>
<P>IT Being most ju&s;t that the Indians, the ancient Inhabitants of this Province, &s;hould have a convenient dwelling place in this their Native Country, free from the incroachments and oppre&s;&s;ions of the Engli&s;h, more e&s;pecially the Nan|ticoke Indians in Dorche&s;ter County, who for the&s;e many years have lived in peace and concord with the Engli&s;h, and in all matters in obedience to the Govern|ment of this Province, we the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">urge&s;ies and Delegates of this pre&s;ent General A&s;|&s;embly therefore do pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that all the Land lying and being in Dorche&s;ter Coanty, and on the North &s;ide of Nanticoke River, butted and bounded as followeth beginning at the mouth of Chickacoan Creek and running up the &s;aid Creek bounded there|with to the head of the main branck of the &s;ame, and from the head of the &s;aid main branch with a line drawn to the head of a branch i&s;&s;uing out of the northwe&s;t Fork of Nanticoke known by the name of Francis Anderrons branch, and from the head of the &s;aid branch down the &s;aid Andertons branch, bounded therewith to the mouth of the &s;ame, where it falls into the &s;aid Northwe&s;t Fork, and from thence down the afore&s;aid Northwe&s;t Fork bounded therewith to the main River, and &s;o down the main River to the mouth of the afore&s;aid Chickacoan Creek, &s;hall be unto Panqua&s;h and Annotoughquan and the people under their Government or charge and their heirs and &s;ucce&s;&s;ors for ever, any lawu&s;uage cu&s;tom or grant to the contrary in any wi&s;e notwith&s;tanding, to be held of the Lord Proprietary and his Heirs Lords Proprietarys, or Lords Proprietarys of this Province; under the yearly Rent of one Beaver Skinn to be paid to his &s;aid <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ord&s;hip and his Heirs as other Rents in this Province by the Engli&s;h u&s;ed to be paid.</P>
<P>Provided allways, that it &s;hall and may be Lawful for any per&s;on or per&s;ons that hath formerly taken up and obtained any Grants from the Lord Baltemore for any Tracts or parcels of Land within the afore&s;aid boundarys upon the Indians de&s;erting or leaving the &s;aid Land, to enter, occupy &amp; injoy the &s;ame, any thing in this Law to the contrary notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that it may not, nor &s;hall be Lawful for the Lord Baltemore to ask, have or demand any Rent or Ser|vice for any of the &s;aid Tracts or Dividends as may or hath been taken up at afore|&s;aid within the &s;aid Indian boundarys until &s;uch time that the takers up or owners as afore&s;aid do injoy or po&s;&s;e&s;s the &s;ame, any Law u&s;uage or cu&s;tom to the con|trary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act impowering Tru&s;tees to purcha&s;e Land adjoyning to the Fountains of healing Waters called the <HI>Cool Springs.</HI></HEAD>
<P>WHEREAS by the Favour of Almighty God there hath been of late a di&s;covery made of Fountains of healing Waters called the Cool Springs lying St. <HI>Marys</HI> County, who&s;e healing quality has been experienced by many impotent &amp; di&s;ea&s;ed per&s;ons to their great help and comfort, and for that &s;o great Ble&s;&s;ing, Benefits and Gifts of Almighty God may not be neglected, but a right u&s;e thereof made, it is thought mo&s;t fitting and convenient, that a particular care &s;hould be fir&s;t had of all &s;uch poor imponent per&s;ons as repair thither for cure, &amp; for that purpo&s;e, or other &s;uch charitable or pious u&s;es, a &s;mall Tract or parcel of Land near adjoyning to the &s;aid Fountains may be purcha&s;ed, thereon to build &amp; crect Hou&s;es for the entertainment of the &s;aid poor, and Fuel for Firing and other
<PB N="48" REF="28">&s;uch nece&s;&s;ary's for their Relief, the Delegates of this pre&s;ent General A&s;&s;embly therefore pray it may be Enacted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the per&s;ons hereafter named may and are hereby appointed Tru&s;tees for and on behalf of this his Maje&s;ty's Province of <HI>Maryland</HI> to buy and purcha&s;e in the name of our Sovereign Lord the King his Heirs or Succe&s;&s;ors for pious and charitable u&s;es fifty Acres of Land adj<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">yning to and in which the &s;aid Fountains &s;hall be included.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that Colonel John Courts, Tho|mas Brooks <ABBR>E&s;q</ABBR> Capt' James Keetch, Capt' Jacob Moreland of St. <HI>Marys</HI> County, and Capt' Phillip Hoskins, Capt' John Bayne and Mr. Benjamin Hall of Charles County, or any three of them be and are hereby impowered, authorized and ap|pointed Tru&s;tees as afore&s;aid, with &s;u&s;&s;icient power given them, whereby to en|able them to treat with, buy and purcha&s;e in the name of our Sovereign Lord the King his Heirs or Succe&s;&s;ors for ever as afore&s;aid, to the u&s;es afore&s;aid fifty Acres of Land or under convenient as afore&s;aid, and lea&s;t prejudicial to the Owners thereof.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that the &s;aid Tru&s;tees herein nominated are hereby impowered &s;ometime before the tenth day of <HI>April</HI> next en&s;uing to meet together upon the afore&s;aid Land, and then and there treat with and agree with the Owners and all per&s;ons intere&s;ted in the &s;ame, and buy and purcha&s;e of &s;uch Owners and per&s;ons intere&s;ted in the &s;ame Lands fifty Acres thereof or under near adjoyning to, and in which the &s;aid Fountains and Springs &s;hall be included as afore&s;aid.</P>
<P>And Be it Fnacted by the Authority afore&s;aid, that if the per&s;on or per&s;ons in whom the right or property of the &s;aid Land is, &s;hall refu&s;e to make &s;ale thereof, or any other Logal impediment &s;hall di&s;able him or them from making a good &s;ure firm and indefeazable Right and Title to the &s;aid fifty Acres of Land or under, that then the &s;aid Tru&s;tees before mentioned &s;hall call to their a&s;i&s;tance the high Sherrif of St. <HI>Marys</HI> County afore&s;aid, who is hereby authorized and impowered to Summon and Impannel twelve good and lawful Men Freeholders of St. <HI>Marys</HI> county afore&s;aid, who upon their oaths &s;hall value the &s;aid fifty acres of land or und+er according as it &s;hall be &s;urveyed or laid out to which purpo&s;e the&s;aid tru&s;tees are hereby authorized and impowered to call to their a&s;i&s;tance the Kings Survey or of St. <HI>Marys</HI> County afore&s;aid, who is hereby likewi&s;e authorized and impowered to &s;urvey and lay out fifty Acres of Land or under as afore&s;aid, according to the direction of the Tru&s;tees before nominated.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that for what Sum of Money or Tobacco the &s;aid Tru&s;tees &s;hall agree to be paid for the puncha&s;e of the &s;aid fifty Acres of Land or under, &s;hall by an equal a&s;&s;e&s;&s;ment upon the Inhabi|tants of this Province be leavy'd and paid to the owners or other per&s;ons by them appointed to receive the &s;ame, and that all and whatfoever the &s;aid Colonel John Courts, Thomas Brook <ABBR>E&s;q</ABBR> Capt' James Keetch, Capt' Jacob Moreland, Capt' Phillip Hoskins, Capt' John Bayne and Mr. Benjamin Hall Tru&s;tees as afore&s;aid, or any three of them &s;hall execute and do in pur&s;uance thereof &s;hall and is hereby ratified, confirmed and approved of, and &s;hall for ever hereafter be taken &amp; deem|ed to be &s;ufficient and valid in Law, and that the &s;aid Tru&s;tees be and are hereby indempnified and &s;aved harmle&s;s of and from all manner of Suits and Damages that may at any time hereafter ari&s;e, for or by means of any Act or Acts by them to be done in and about the premi&s;&s;es, any Law u&s;uage or cu&s;tom to the contrary in any wi&s;e notwith&s;tanding.</P>
<P><HI>An Act in entitle</HI> William Cour&s;ey and Elizabeth <HI>his Wife, or the Survi|vor of them to &s;ell and acknowledge &s;uch Land as were left by Colouel</HI> Vincent Low <HI>to be &s;old for the payment of his ju&s;t Debts.</HI></P>
<PB N="49" REF="28">
<P>At a Se&s;&s;ion of A&s;&s;embly begun and held at the Town and Port of <HI>Annapolis June</HI> the 27th. and ended <HI>July</HI> the 22 <ABBR>d.</ABBR> in the XI. Year of the Reign of our Sovereign Lord King <HI>WILLIAM</HI> the III. of <HI>England, &amp;c. Anno&abque; Domini</HI> 1699. his Excellency <HI>NATHANIEL BLAKISTON</HI> <ABBR>E&s;q</ABBR> being Governour <HI>&amp;c.</HI> were Enacted the&s;e following Laws.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act prohibiting Trade with the Indians for any Fle&s;h dead or alive except Deer and Wild Fowle.</HEAD>
<P>WHEREAS &s;undry complaints have been made by &s;everal Inhabitants of this Province, alleadging that the Indians under pretence of killing wild Hoggs, do hunt and drive away their tame Hoggs &amp; Cattle, and do more|over &s;ell and trade with the Inhabitants of this Province, and likewi&s;e with For|reigners and Strangers for Beef and Pork</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice &amp; Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that no per&s;on or per&s;ons what&s;oever, either Foreigner or Inhabitant &s;hall buy trade or barter with any Indian or Indians whom&s;oever for any fle&s;h dead or living, except Veni&s;on, wild Fowl or Vermins, upon penalty of five thou&s;and pounds of Tobacco, the one Moiety to the King for the Support of Government, the other moiety to the Informer or him or them that &s;hall Sue for the &s;ame, the &s;aid Fine to be recovered in any Court of Record within this Province, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the better admini&s;tration of Ju&s;tice in the County Courts of this Province.</HEAD>
<P>FOR the admini&s;tration of Ju&s;tice and Regulation of the County Court. BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by &amp; with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the Statute Books of <HI>England</HI> to this time, and <HI>Daltens</HI> Ju&s;tice of the Peace be bought by the Ju&s;tices of the Peace or Commi&s;&s;ioners of the &s;everal County Courts at the charge of the re&s;pective County's to be kept in their &s;everal County Courts, that the Ju&s;tices and Officers and others of the &s;aid Courts may have Recour&s;e to the &s;ame as they &s;hall have occa&s;ion, and that the Ju&s;tices of the &s;aid Courts do purcha&s;e and procure the &s;ame by the fir&s;t day of <HI>April</HI> next en&s;u+ing,</P>
<P>And Be it al&s;o Enact by the Authority afore&s;aid, that the Commi&s;&s;ioners of each re&s;pective County Courts &s;hall and may and are hereby impowered from time to time, &amp; as often as to them &s;hall &s;eem convenient to make and ordain &s;uch nece&s;&s;ary Rules and Orders for the well Governing and better Regulating the &s;aid County Courts and the Officers to the &s;ame belonging, and Suitors to the &s;ame, as to them in their di&s;cretion &s;hall &s;eem requi&s;it, and under &s;uch Fines as they &s;hall think fit, not exceeding one hundred pounds of Tobacco for any one offence, all which Fines to be imployed to the u&s;e of the poor of each re&s;pective County, which Rules and Orders &s;o by them to be made and ordained, &s;hall be fairly tranforibed by their &s;everal County Clarks and at every the County Courts &s;et up at the Court Hou&s;e Door that all per&s;ons may view and peru&s;e the &s;ame, &amp; regulate them&s;elves accordingly.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that where any Judgment is had in any County Court for any matter or thing what&s;oever, &amp; after &s;uch Judgment is had and obtained the party again&s;t whom the &s;ame is had many times flies into another County out of the juri&s;diction of the &s;aid Court, it &s;hall and may be law|ful for the Plaintif to procure a Certificate from the &s;aid Ju&s;tices of &s;uch party's flying, and thereupon the Ju&s;tices of the Provincial Court &s;hall award Execution
<PB N="50" REF="29">again&s;t the Body or Goods of the &s;aid party, any Law Statute or u&s;uage to the contrary in any wi&s;e notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that any Bills Bonds or other Specialty's Book debts or Accounts proved before two Ju&s;tices of the Peace of any County, or one Ju&s;tice of Provincial Court, and ju&s;t Credit given to the &s;ame, and that the Ballance thereof is wholly due and unpaid, and certyfied under the hands of the &s;aid Ju&s;tices &s;hall be &s;ufficient evidence, as well in the Provincial as County Court within this Province; any Law Statute or u&s;uage to the contra|ty notwith&s;tanding,</P>
<P><HI>An Act impowering</HI> Benjamin Williams <HI>Admini&s;trator</HI> de bo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">is non Admini|&s;tratis <HI>of</HI> Jo&s;eph Williams <HI>late of</HI> Baltemore <HI>County decea&s;ed, to fell a certain Tract of Land in</HI> Caecil <HI>County on</HI> Sa&s;&s;afrax <HI>River late the Land of the &s;aid</HI> Jo&s;eph Williams <HI>called by the name of</HI> Tibauld, <HI>and containing about three hundred Acres for the payment of his debts, pur|&s;uant to the Will of the &s;aid</HI> Jo&s;eph.</P>
<P><HI>An Act for transferring over unto Major</HI> William Whittington <HI>the debts due from the Officers of</HI> Somer&s;et <HI>County by ver<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">e of an set for rai&s;ing a &s;upply towards the de&s;raying the publick Charge of this Province.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act a&s;certaining what damages &s;hall be allowed upon prote&s;ted Bills of Exchange.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that there &s;hall not be allowed to any per&s;on or per&s;ons what&s;oever having ju&s;t cau&s;e to implead any per&s;on or per&s;ons what&s;oever, living or re&s;iding within the Province, in any Court within this Province, upon any Bill of Exchange drawn for any Sum or Sums of Money what&s;oever, payable in <HI>England</HI> or el&s;e where, and brought in here prete&s;ted more than the Sum of twenty pounds <HI>per Cent'</HI> damages over and above the debt Sued for and Recovered, together with ordinary Co&s;t of Suit, any Law Statute U&s;uage or Cu&s;tom to the contrary not|with&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Re&s;training the Extortions of Sherrifs, Sub&s;hrrri&s;s and deputy Commi&s;&s;arys.</HEAD>
<P>WHEREAS there hath divers great Complaints from &s;everal Party's of this Province to this General A&s;&s;embly, of &s;everal Sherrifs, Sub|&s;herrifs and deputy Commi&s;&s;ary's of their exacting and extorting great Sums of Tobacco above their due, and Lawful Fees a&s;certained by the Act of A&s;&s;embly of this Province from &s;everal of the Inhabitants of this Province, and tho' the Laws of this Province have inflicted a &s;evere penalty upon any Officer that &s;hall charge and receive more than his due Fees, yet the &s;aid Officers have mo&s;t cunningly &amp; cra&s;tily evaded the &s;aid Laws by taking Bills and Writings Obligatory without ever delivering any account &s;igned under their hand as the law directs, &s;o that the Party grieved cannot &s;ufficiently prove the &s;aid Extortions, and &s;o is left without Remedy, for prevention whereof,</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that no Sherrif, Sub&s;herrif or deputy Commi&s;&s;ary within this Province after the publication of this Act in their &s;everal and re&s;pective Countys wherein they dwell, &s;hall take any Bond, Bill or any other Writing Obligatory of any per&s;on or per&s;ons upon any pretence what&s;oever without endor&s;ing the Account on the back of the &s;aid Bond, Bill or Writing Obligatory for whih the &s;ame was pa&s;&s;ed, and if any Sherrif, Sub&s;herrif or deputy Commi&s;&s;ary within the Province, &s;hall
<PB N="51" REF="29">during the time that he remain in his place or Office, upon any pretence what&s;o|ever take any Bond, Bill or Writing Obligatory without endor<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">g the Account on the back of the &s;aid Bill, Bond or Writing Obligatory as afore&s;aid by which it may appear upon what con&s;ideration the &s;ame was taken, the &s;aid Bill, Bond or Writing Obligatory &s;hall be void and of no Effect, and the Officer or Officers that took the &s;ame &s;hall loo&s;e his debt, and for ever be debarred of Suing another Action for the recovery of the &s;ame, any Law Statute or U&s;uage to the contrary in any wi&s;e notwith&s;tanding. And that whereas the &s;aid Officers are prohibitted from taking Bills upon any pretence what&s;oever during the time they remain in Office to the Intent the &s;aid Officers may receive no damage by the Act of A&s;&s;em|bly for Limitation of Actions.</P>
<P>Be it further Enacted by the Authority afore&s;aid, that the time the &s;aid Officers remain in Office &s;hall not be reckoned or accounted in the Act of Limitation, &amp; that whereas it hath been the practice of &s;everal sherrifs of this rovince where a per&s;on hath been in pri&s;on at the suit of two or three &s;everal per&s;ons, or hath lain for the &s;atisfaction of two or more &s;everal Judgments for the Sherrif to charge twenty a day for each Action or Judgment. for prevention whereof.</P>
<P>Be it Enacted by the Authority afore&s;aid, that if any Sherrif after the publicati|on of this Act &s;hall exact or take any more than twenty pounds of Tobacco <HI>per</HI> day of any Pri&s;oner tho' he lies for the &s;atisfaction of &s;everal judgments, he &s;hall be liable to the pains and penaltys of a certain Act of A&s;&s;embly for Settling Officers Fees.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Amerciamonts in the Provincial and County Courts.</HEAD>
<P>WHEREAS many Suits are ari&s;en upon frivelous occa&s;ions by letigi|per&s;ons, for prevention where <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> the future,</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent general A&s;&s;embly &amp; the Authority of the &s;ame, that all per&s;ons what&s;oever that are ca&s;t in any Cau&s;e, be they Plaintif or Defendant, &s;hall be amerced beades the damage and co&s;ts in the Provincial Court fifty pounds of Tobacco, to be imployed as the Governour &amp; Council &s;hall think fit, and in the County Courts thirty pounds of Tobacco, to be imployed &amp; di&s;|po&s;ed of towards defraying the County Charge in &s;uch manner as the Commi&s;&s;io|ners of each re&s;pective County &s;hall think fit and for the due collecting thereof</P>
<P>Be it Enacted by the Authority afore&s;aid, that the Clark of the Provincial Court and the &s;everal County Courts keep an exact account of the Amerciaments, and deliver or &s;end the &s;ame to the &s;everal Sherrifs of the particular Countys, who are hereby required to collect the &s;ame with the Leavy, and are accordingly impow|ered for default of payment to make di&s;tre&s;s, and commanded not to return any Arrears, except in ca&s;es of Executors and Admini&s;trators, who cannot pay with|out Orders.</P>
<P>And Be it further Enacted, that the Clark of the re&s;pective Courts give unto the chief Judge of &s;uch Court a Li&s;t of the Amerciaments that Court impo&s;ed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;tay of Executions after the tenth day of <HI>April</HI> Yearly.</HEAD>
<P>WHEREAS many of the Inhabitants of this Province are, and have been exceedingly grieved and burthened by Executions laid upon them for Tobacco in Summer time, when it is not portable for them to procure Tabaco for the payment and &s;atisfaction of their Creditors. by means whereof they are oftentimes kept in pri&s;on a long time, and thereby di&s;abled from making &amp; tend|ing their cropps, to the great prejudice if not ruin of many the Inhabitants of this Province, being thereby left de&s;titute of any means to &s;atisfie their Creditors, for prevention whereof for the future,</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That after the tenth day of <HI>April</HI> in any year, no Execution &s;hall i&s;&s;ue out of any Courts of this Province again&s;t the Body or Goods of any per&s;on or per&s;ons inhabiting in this Province till the tenth day of October next, or until the tenth day of October in any year during the continuance of this Act for any debt
<PB N="52" REF="30">or debts, or upon any Action, udgment or udgments <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ued, had or Recovered a|gain the inhabitants of or within this Province, in the Provincial or in any of the County Courts within this province, for any cau&s;e matter or thing what&s;oe|ver, Proviced &s;uch per&s;on or per&s;ons again, whom any &s;uch Judgment is obtain|ed, together with two other per&s;ons, &s;uch as the Ju&s;tices &s;hall approve of, come before one Ju&s;tice or more of the provincial Court, or before the Mayor Recorder or any two of the <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ermen of the City of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t. <HI>Marys,</HI> or two Commi&s;&s;ioners of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ort of <HI>A<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ap<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">,</HI> or two Ju&s;tices or more of the re&s;pective County Courts where &s;uch Judgment is obtained as afore&s;aid, and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> all confe&s;s judgment for his debt and co&s;ts of uits adjudged, with <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ay of Execution till the tenth day of Oc|tober then next following and thereof procure Certificate under the hand of the &s;ame Ju&s;tice or Ju&s;tices before whom the &s;aid udgment &s;hall be confe&s;&s;ed, and &s;uch Certificate &s;hall be a &s;ufficient Super&s;edeas to the Sherrif to forbear &s;erving Execution upon the Body or <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">oods of the per&s;on &s;o obtaining &s;uch Certificate, and if the perty be taken in Execution before &s;uch Certificate be produced, that then &s;uch certificate being obtained afterwards as afore&s;aid &s;hall be a &s;ufficient Su|per&s;edeas to the Sherrif for the Relea&s;e of &s;uch per&s;on out of fri&s;on upon the Exe|cution, the party paying or giving Security to &s;uch Sherrif for his due Fees for that Impri&s;onment &amp; the Ju&s;tice or Ju&s;tices before whom &s;uch judgment &s;hall be confe&s;t as afore&s;aid &s;hall return the Judgment &s;o confe&s;t unto the Clark of that re|&s;pective Court where the fir&s;t judgment was obtained to be entred upon Record, for which entry the Clark &s;hall receive as a Fee five pounds of Tobacco and no more, and that after the &s;aid tenth day of October it &s;hall be Lawful to take out Execution upon the judgment confe&s;t as afore&s;aid without any Scire Facias or any other delay again&s;t either the Principle or the Securetys, or all or either of them for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> judgment &s;o confe&s;t as afore&s;aid, any Law u&s;uage or cu&s;tom to the contrary in any wi&s;e notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act impowering the Ve&s;trymen <HI>&amp;c.</HI> to a&s;&s;e&s;s their Pari&s;honers for fini&s;hing and reparing of Charc<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">es.</HEAD>
<P>WHEREAS by an Act made at a Se&s;&s;ion of A&s;&s;embly begun and held at the Port of Annapolis the ninth day of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uly in the Year of our Lord 1696 int<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">uied An Act for the Service of Almighty God and the E&s;&s;abli&s;hment of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rote and Religion within this Province, among other things is contained, in the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">xth Article that the &s;everal Ve&s;trymen of ea<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">h re&s;pective Fari&s;h &s;hall with|in twelve Months after the publication of this Act, provide at the charge of the pa|ri<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> fair Regi&s;ter Books of paper or parchment, the which the &s;aid Regi&s;tor &s;hall keep &amp; therein &s;hall <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eg<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">er &amp; fairly enter in writing the publication of all Marri|ages, Births of Children, Bapti&s;ms <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">urials <HI>&amp;c.</HI></P>
<P>And further in the &s;aid Clau&s;e it is Enacted, that if the Ve&s;trymen afore&s;aid &s;hall fail in providing &s;uch a Book as afore&s;aid, within the time afore&s;aid, they &s;hall forfeit five hundred pounds of Tobacco each Ve&s;tryman (the Mini&s;ter ex|cepted) <HI>&amp;c.</HI> &amp; notwith&s;tanding ways pre&s;cribed how the &s;aid Ve&s;trymen &s;hould a&s;&s;e&s;s their Pari&s;hes for the pucha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ng of the &s;aid Pegi&s;ter Books.</P>
<P>And further it is &s;aid in the twelfth Article of the afore&s;aid Act, Be it Enacted by the Authority afore&s;aid, that where there is an Incumbent upon the Benefice and officiate in no other place, the Ve&s;trymen of the &s;aid Pari&s;h &s;hall not under colour or pretext of fini&s;hing the &s;aid Church or keeping the &s;ame in Repair, with hold or detain from the &s;aid incumbent any part of the fourty pounds of Tobacco <HI>per</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ole under any pretext what&s;oever, except what is by this Act before apoint|ed. But forasmuch as mo&s;t of the Churches in this Province are either not whol|ly fini&s;hed or out of Ropair, and no Rule is provided (by the afore&s;aid Act) by which the &s;everal <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ari&s;h Churches &s;hall be fini&s;hed and kept in Repair. to the end therefore that the &s;aid Ve&s;trys may be &s;upply'd with &s;uch Sum or Sums of Tobaco as &s;hall be requirt &amp; nece&s;&s;ary to purcha&s;e writing Books &amp; other nece&s;&s;ary &amp; u&s;e|ful Books for their better direction and guide in their Proceedings as al&s;o for re|pairing their Churches or other Parochial Charges, it is prayed that it may be En|acted</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority
<PB N="53" REF="30">of the &s;ame, that when and as often as the nece&s;&s;ity of each re&s;pective Pari&s;h &s;hall require &s;uch Repairs or Supply's, the Ve&s;trymen and Church Wardens thereof &s;hall apply them&s;elves to the ju&s;tices of the County Court at the time of the lay|ing the County Leavy, who upon the nece&s;&s;ity appearing to them, &s;hall and are hereby impowered to rai&s;e by an equal a&s;&s;e&s;&s;ment by the Pole on the Inhabitants of &s;uch re&s;pective pari&s;h &s;uch Sums of Tobacco, as by the &s;aid Ju&s;tices &s;hall be ad|judged nece&s;&s;ary to &s;upply the occa&s;ions afore&s;aid over and above the County lea|vy, not exceeding the Sum of ten pounds Tobacco <HI>per</HI> Pole in one Year, which Sum &s;o rai&s;ed &s;hall be collocted and gathered by the Sherrif of the &s;ame County. and paid to the Ve&s;trymen of &s;uch re&s;pective Pari&s;h or Pari&s;hes, who &s;hall at the next County Leavy or &s;ooner if they can, give a true account to the &s;aid Ju&s;tices how and for what they have laid out and be&s;towed the &s;aid Tobacco &s;o rai&s;ed, a|ny Law Statute or U&s;uage to the contrary in any wi&s;e notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Appeals and regulating Writts of Error.</HEAD>
<P>FORASMUCH as the Liberty of Appeals and Writts of Error from the judgment of the Provincial and County Courts of this Province is found to be of great u&s;e and benefit to the good people thereof.</P>
<P>BE IT HEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that no Execution upon any judgment obtained either in Provincial or County Courts, or other inferiour Courts of Record within this Province &s;hall be &s;tayed or delayed, or any Super&s;edeas upon &s;uch judgment granted or i&s;&s;ued forth upon Appeal or Writt of Error from any &s;uch Court or Courts of Record as afore&s;aid to the Court before whom &s;uch Appeal ought to be brought, or before whom &s;uch Writt of Error ought to be heard, tried and deter|mined, unle&s;s &s;uch per&s;on or per&s;ons in who&s;e name &s;uch Appeal or Writt of Error &s;hall be made or brought afore&s;aid, or &s;ome other in his her or their behalf &s;hall immediately upon making &s;uch Appeal or Suing out &s;uch Writt of Er|ror as afore&s;aid, enter into Bond with &s;ufficient Suretys, &s;uch as the ju&s;tices of the Court by whom Judgment &s;hall be given as afore&s;aid or the keeper of the Seal for the time being, to whom application &s;hall be made for &s;uch Writt of Error as a|fore&s;aid &s;hall approve of in double the Sum recovered by &s;uch judgment obtained as afore&s;aid, with condition that if the party Appellant, or party Suing out &s;uch Writt of Error as afore&s;aid, &s;hall not pur&s;ue the directions in this Act hereafter mentioned at the next Court en&s;uing before whom &s;uch Appeal or Writt of Error to be tried as afore&s;aid, and pro&s;ecute the &s;ame with effect; and al&s;o &s;atifie and pay to the &s;aid party his Heirs Executors Admini&s;trators or A&s;&s;igns in ca&s;e the &s;aid Judgment &s;hould be affirmed, as well all and &s;ingular the Debts, Damages &amp; Co&s;t adjudged by the Court before whom &s;uch Action from who&s;e judgment &s;uch Appeal &s;hall be made, or thereon a Writt of Error brought as afore&s;aid, &s;hall have been originally tried; as al&s;o all co&s;ts and damages that &s;hall be awarded at the Court before whom &s;uch Appeal or Writt of Error &s;hall be heard, tried and deter|mined as afore&s;aid, then the &s;aid Bond to be and remain in full force &amp; vertue.</P>
<P>And Be it Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con|&s;ent afore&s;aid, that no per&s;on or per&s;ons what&s;oever again&s;t whom any Judgment &s;hall be given in any County Court within this Province, wherein the debt or da|mages for which &s;uch Judgment &s;hall be given, &s;hall have any Appeal or Writt of Error from the &s;aid County Courts or other in&s;eriour Court of Record to the Pro|vincial Courts wherein the debt or damages recovered do not mount unto the Sum of &s;ix pounds Sterling, or twelve hundred pounds of Tobacco; and that no per&s;on or per&s;ons what&s;oever again&s;t whom any Judgment &s;hall be given in the Provincial Court of this Province, wherein the debt or damages recovered &s;hall not exceed the Sum of fifty pounds Sterling or ten thou&s;and pounds of Tobacco &s;hall be allowed any Appeal or Writt of Error to the Governour and Council of this Province, but the Judgment of the Ju&s;tices of the &s;aid Courts by whom &s;uch Judgments &s;hall be given as afore&s;aid, and thereupon entred &s;hall be definitive for any &s;uch debt and damages as afore&s;aid, any Law u&s;uage or cu&s;tom to the con|trary notwith&s;tanding,</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice
<PB N="54" REF="31">and Con&s;ent afere&s;aid, that the method and rule for the pro&s;ecution of Appeala and Writts of Error &s;hall for the future be in manner &amp; form as is hereafter men|tioned and expre&s;t, that is to &s;ay, the party appealing or &s;uing out a Writt of Er|ror as afore&s;aid, &s;hall procure a Copy or Tran&s;cript of the full proceedings of the &s;aid Court from whence &s;uch Appeal &s;hall be made, or again&s;t who&s;e Judgment a Writt of Error &s;hall be brought as afore&s;aid, under the Hand of the Clerk of the &s;aid Court &amp; the Seal thereof, &amp; &s;hall cau&s;e the &s;ame to be tran&s;mitted to the Court before whom &s;uch Appeal or Writt of Error is or ought to be heard, tried and de|termined as afore&s;aid, and al&s;o in the &s;ame Court file in writing according to the Rule of the &s;aid Court, &s;uch error in the proceedings as the Plaintif in the Writt of Error &s;hall think fit to a&s;&s;ign, or &s;uch cau&s;es or rea&s;ons as he or they had for mak|ing the &s;aid Appeal, or &s;uing out &s;uch Writt of Error as afore&s;aid; upon which tran&s;cript the &s;aid Court to whom &s;uch Appeal &s;hall be made, or before whom &s;uch Writt of Error &s;hall be brought as afore&s;aid, &s;hall proceed to give Judgment.</P>
<P>And Be it Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con|&s;ent afore&s;aid, that all Appeals made in manner afore&s;aid, &s;hall be admitted and allowed of by the &s;uperiour Court to whom &s;uch Appeal &s;hall be made as afore|&s;aid in nature of a Writt of Error, and that every Clerk of a Court &s;hall at time of the &s;itting of that Court to which they re&s;pectively belong, and when any Appeal &s;hall be demanded to enter a Memorandum of &s;uch demand, as well in his or their Journal as in the fair Records of the proceedings of &s;uch Court, &amp; that no Clerk of a Court do refu&s;e or delay upon the reque&s;t of any Appellant as afore&s;aid, to write and make out a tran&s;cript of the whole proceedings as afore&s;aid, under his Hand and the Seal of the &s;aid Court as afore&s;aid, upon penalty to pay the re&s;pec|tive damages which &s;uch Appellant &s;hall &s;u&s;tain by &s;uch refu&s;al or delay as afore|&s;aid, the &s;aid party paying or &s;ecuring to be paid &s;uch re&s;pective Clerk his ju&s;t Fees for the &s;ame according to Law.</P>
<P>And be it Enacted by the Authority afore&s;aid, that the&s;e Officers hereafter mentioned &s;hall have no other Fees than are hereafter mentioned, that is to &s;ay for a Writt of Error to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal for the Seal thereof one hundred and twenty pounds of Tobacco, for a Super&s;edeas to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal one hundred and twenty pounds of Tobacco, for a Scire Faces ad audien|dum Errores to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal one hundred and twenty pounds of Tobacco, any Law u&s;uage or cu&s;tom to the contrary notwith&s;tanding.</P>
<P>And Be it Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con|&s;ent afore&s;aid, that all Appeals or Writts of Error triable before the Governour &amp; Council if it &s;o &s;hall happen, that the former Judgment given &s;hall be by the &s;aid Governour and Council afirmed, &s;uch a determination &s;hall be final and without any further Review, unle&s;s &s;uch Judgment &s;o given &s;hall exceed the Sum of three hundred pounds Sterling, or the Sum of &s;ixty thou&s;and pounds of Tobacco; then and in every &s;uch ca&s;e the party again&s;t whom &s;uch judgment &s;hall be given, may appeal to the King and Council in <HI>England.</HI></P>
<P>And be it further Enacted by the Authority afore&s;aid, that all &amp; every per&s;on or per&s;ons that &s;hall conceive him or them&s;elves relievable in Equity from any Judg|ment given or obtained again&s;t him in the Provincial or County Court afore&s;aid, &s;hall exhibit his Bill and proceed in Chancery before any Appeal be entred or pro|&s;ecuted before the Governour and Council and not afterward, and that all &s;uch per&s;ons as conceive them&s;elves grieved by any Decree in Chancery &s;hall be at li|berty to exhibit his Prayer to the Governour and Council to review and examin the &s;ame, and that the Judgment Sentence or Decree of &s;uch Court of Review &s;hall be final as afore&s;aid, unle&s;s as afore&s;aid the original Debt or Damages &s;hall exceed three hundred pounds Sterling, or &s;ixty thou&s;and pounds of Tobacco as afore&s;aid; then &amp; in every &s;uch cau&s;e to apeal to the King &amp; Council as afore&s;aid, &amp; that one Act of A&s;&s;embly made at an A&s;&s;embly begun &amp; held at the City of St. <HI>Merys</HI> the <HI>21&s;t.</HI> day of <HI>September Anno Domini</HI> 1694. intituled an Act for Apeals &amp; Regulating Writts of Error be and is hereby Repealed, and that all Appeals or Writts of Error already made and brought, or hereafter to be made or brought be|fore the Governour and Council, &s;hall and may be heard by the &s;aid Governour and Council out of A&s;&s;embly time any thing in the &s;ame Writt, any other former
<PB N="55" REF="31">Law or Practico to the contrary notwith&s;tanding. And for that it may &s;o happen that the Governour of this Province for the time being may hereafter be concern'dl in an Apapeal made, or Writt of Error brought from the Judgment of the Provincia and County Court to the Governour and Council afore&s;aid, or he otherwi&s;e in|di&s;po&s;ed or ab&s;ent.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, by and with the Advice &amp; Con&s;ent afore&s;aid, that it &s;hall and may be &s;ufficient in every &s;uch ca&s;e for the Council onely to hear and determin &s;uch matters of controver&s;y, whereof the fir&s;t of the Council in Commi&s;&s;ion being then pre&s;ent &s;hall pre&s;ide, who&s;e Judgment thereupon &s;hall be definitive, except before excepted, in as full &amp; ample manner as tho' the &s;aid Governour were then actually pre&s;ent and pre&s;iding, any thing in this Act to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the more &s;peedy conveying the publick Letters and Pacquets of this Province, and &s;ettling a Revennue on the Sherrifs for defraying the charge thereof.</HEAD>
<P>FOR AS MUCH as &s;everal of the inhabitants of this Province having been formerly &s;ubject to great and manife&s;t Inconveniency's by rea&s;on of pre&s;&s;ing of hor&s;es, under pretext of carrying and conveying of publick Letters &amp; Pacquets, for prevention whereof, and that due care may be taken for the future, that all publick Letters and Pacquets relating to his Maje&s;ty, or publick Service of this Province, be &s;ecurely and expeditiou&s;ly conveyed according to their directi|ons, the Delegates of this pre&s;ent General A&s;&s;embly do pray that it may be En|acted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the Sherrif of each re&s;pective County is hereby injoyned and commanded to take care of all publick Letters and Pacquets, and expeditiou&s;ly to convey them according to their directions to the next Sherrif or under Sherrif of the adjacent County, and for the incouragement of the &s;everal and re&s;pective Sherrifs and their diligence in conveying &s;uch publick Letters and Pacquets, that they may be allowed the &s;everal Sums hereafter expre&s;t, to be laid in the publick Leavy of this Province, <HI>viz.</HI> to the Sherrif of Ann-Arundel County fifteen hun|dred pounds of Tobacco, who is al&s;o hereby obliged to convey all &s;uch Letters &amp; Pacquets as are directed and mu&s;t go over to the Ea&s;tern Shoar to Kent I&s;&s;and, &amp; there to be delivered to the Sherrif of Talbot County or his Deputy, to the Sher|rif of Talbot County fifteen hundred pounds of Tobacco, who is hereby al&s;o o|bliged to convey all &s;uch Letters and Pacquets that are directed to the Port of Anapolis to the &s;aid Port, to the Sherrif of Kent County eight hundred pounds of Tobacco, who is al&s;o hereby obliged to convey all &s;uch Letters and Pacquets as are directed to the Port of of Annapolis to Kent I&s;land, and deliver them to the Sherrif or under Sherrif of Talbot County, except he can convey them a more ready and expeditious way to Annapolis, who is al&s;o hereby obliged to convey all &s;uch Letters and Pacquets to the Port of Annapolis as afore&s;aid, to the Sherrif of Caecil County one thou&s;and pounds of Tobacco, who is al&s;o obliged to con|vey all &s;uch Letters and Pacquets as are directed to the Northward to the Town of New Ca&s;tle upon Delaware, to the Sherrff of Dorche&s;ter County eight hun|dred pounds af Tobacco, to the Sherrif of Somer&s;et County five hundred pounds of Tobacco, to the Sherrif of Calvert County eight hundred pounds of Tobacco, to the Sherrtf of Prince Georges County one thou&s;and pounds of Tobacco, to the Sherrif of St. Mary's County eight hundred pounds of Tobacco, to the Sherrif of Charles County one thou&s;and pounds of Tobacco, to the Sherrif of Baltemore County eight hundred pounds of Tobacco, which &s;aid &s;everal &amp; re&s;pective Sums of Tobacco &s;hall be Annually allowed and paid to the &s;everal &amp; re&s;pective Sher|rifs as afore&s;aid, in con&s;ideration whereof they Sherrifs of the &s;aid &s;everal and re|&s;pective Countys &s;hall defray all &s;uch charges as &s;hall accrew by rea&s;on of con|veying any &s;uch Letters or Pacquets, any former Law U&s;uage or Cu&s;tom to the contrary notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that any Sherrif under Sherrif or Deputy that &s;hall neglect or delay the &s;peedy conveying any &s;uch Let|ters
<PB N="56" REF="32">or Pacquets &s;hall forfeit &amp; pay unto his Sacred Maje&s;ty for every &s;uch offence the Sum of five hundred pounds of Tobacco, one half to the Informer or him or them that will Sue for the &s;ame, to be imployed for the defraying of the County charges where any &s;uch neglect &s;hall happen, to be recovered in any of his Ma|je&s;ty's Courts of Record within this Province, by Action of Debt, wherein no E&s;|&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that all &s;uch publick Let|ters and Pacquets be indor&s;ed for his Maje&s;ty's Service, &amp; with the per&s;ons name that &s;ends them, and if any per&s;on or per&s;ons &s;hall at any time after the publicati|on of this Act, pre&s;ume to indor&s;e any Letter or Letters, Pacquet or Pacquets &s;o as afore&s;aid, which are not for the publick Service, &s;hall forfeit and pay for &s;uch offence five hundred pounds of Tobacco to be imployed for the u&s;e afore&s;aid, to be recovered in manner afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act impowering Commi&s;&s;ioners of the County Courts to leavy and rai&s;e Money to defray the nece&s;&s;ary charge of their Countys.</HEAD>
<P>FOR AS MUCH as in the interval of A&s;&s;emblys in this Province, there have been &s;everal nece&s;&s;ary charges laid out and expended in the &s;everal and re&s;pective Countys of this Province, by the &s;everal and re&s;pective Commi&s;&s;ioners of the &s;aid Countys and others, for the good and welfare and con&s;ervation of the peace of this Province, and of and within the &s;aid Countys, and which ought to be born by the &s;everal and re&s;pective Countys di&s;tinctly, and have been formerly u&s;ed and accu&s;tomed to be reimbur&s;ed and defrayed, paid and &s;atisfied, by &amp; out of the County Leavy, Leavied and A&s;&s;e&s;&s;ed by the Commi&s;&s;ioners of the &s;aid re|&s;pective Countys, by an equal a&s;&s;e&s;&s;ment upon the E&s;tates and per&s;ons of the in|habitants of the &s;aid &s;everal and re&s;pective Countys, but the &s;aid Commi&s;&s;ioners of the &s;aid County Courts not having &s;ufficient Warrant and Authority to rai&s;e &s;uch Leavy.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that for the future it &s;hall and may be Lawful to and for the &s;everal and re&s;pective Commi&s;&s;ioners of the &s;everal and re&s;pective County Courts within this Province,, at their &s;everal and re&s;pective Courts to be held for the &s;aid Countys upon examination had before them of the publick charges of their &s;aid &s;everal and re&s;pective County's, and allowances by them made of the &s;ame, to leavy &amp; rai&s;e Tobacco for payment &amp; &s;atisfaction of the &s;aid &s;everal &amp; re&s;pective County Charges and the Sherrifs Sallary for the collecting thereof, by an equal a&s;&s;e&s;&s;ment of the taxable per&s;ons of the &s;aid &s;everal Countys; any Law Act cu&s;tom and u&s;u|age heretofore had and made to the contrary in any wi&s;e notwith&s;tanding.</P>
<P>Provided always that the accounts of the &s;aid County charge be kept upon Re|cord in a Book fair written by them&s;elves &s;igned by the Clerk of the &s;aid County Court, &amp; that upon complaint of any per&s;on that the &s;aid charges are not allow|able, or that he is over charged or otherwi&s;e agrieved, the &s;aid Acts &s;hall be exa|mined and rectified in the Provincial Court of this Province.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the marking high ways, and making the heads of Rivers, Creeks, Branches and Swamps pa&s;&s;able for Hor&s;e and Foot.</HEAD>
<P>WHEREAS it is thought convenient and very much for the benefit of the inhabitants of this Province, that Roads and Paths be marked, and the heads of Rivers, Creeks and Branches be made pa&s;&s;able,</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that all publick and main Roads be hereafter cleared and well grubbed fit for travelling twenty foot wide, and good and &s;ub&s;tantial Bridges made over all heads of Rivers, Creeks, Branches and Swamps where need &s;hall require at the di&s;cretion of the Ju&s;tices of the County Courts, &amp; for the bet|ter a&s;certaining what is or &s;hall be deemed publick Roads,</P>
<P>Be it likewi&s;e Enacted, that the Ju&s;tices of the County Courts &s;hall &s;et down and a&s;certain in their Records once every year what are the publick Records of
<PB N="57" REF="32">heir re&s;pective Countys and appoint Over&s;eers of the &s;ame, and that no pre&s;on what&s;oever &s;hall alter or change any &s;uch publick Roads without the leave or li|cence of the Governour and Council or Ju&s;tices of the County Courts, upon pe|nalty of five hundred pounds of Tobacco; &amp; if any Over&s;eer &s;o appointed &s;hould neglect to clear the Roads &s;o as afore&s;aid, he &s;hall be fined five hundred pounds of Tobacco in Cask, and every Labourer that &s;hall refu&s;e to &s;erve and obey the Over&s;eer, and every Ma&s;ter of Servants that being Summoned or warned &s;hall re|fu&s;e to &s;end all his taxable Male Servants to the Over&s;eer afore&s;aid, he or they &s;hall be fined, that is to &s;ay, every Labourer one hundred pounds of Tobacco, &amp; the &s;aid Ma&s;ter for every Servant warned and not &s;ent one hundred pounds of To|bacco, and the Clerk of the County is hereby obliged to i&s;&s;ue out Warrants to the Over&s;eer appointed, upon penalty of one thou&s;and pounds of Tobacco, and the Sherrifs of each re&s;pective Countys are to deliver the &s;ame to the &s;everal and re|&s;pective Over&s;eers &s;o appointed as afore&s;aid, <HI>ex Officio,</HI> on penalty of ono thou|&s;and pounds of Tobacco in Cask, the one half of all which Fines &s;hall be imploy|ed and di&s;po&s;ed of towards the defraying the County charge in &s;uch manner as the Commi&s;&s;ioners of each re&s;pective County &s;hall in their di&s;cretion think conveni|ent, the other half to him or them that &s;hall inform or &s;ue for the &s;ame, to be re|covered in his Maje&s;tys Name for the u&s;e afore&s;aid, by Bill Plaint or Information in any Court of Record within this Province, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed And that all Roads that lead to any Ferrys, Court hou&s;e of any County or to any Church, or leading through any County to the Port of <HI>Annapolis</HI> &s;hall he marked on both &s;ides the Road with two notches if the Road leads to <HI>Annapolis,</HI> the Road that leades there at the leaving the other road &s;hall be marked on the face of the Tree in a &s;mooth place cut for that purpo&s;e with the letters A A &s;et on with a pair of marking Irons and coloured and &s;o with two notches all along the Road, and where at any place it leaves any other road &s;hall be again di&s;tingui&s;hed with the mark afore&s;aid, on the face of the Tree with a pair of marking Irons and coloured as afore&s;aid, and any Road on the Ea&s;tern Shoar in Talbot County that leads to the Port of <HI>William&s;tadt,</HI> at the entring into the &s;ame, and upon parting with or dividing from any other Road &s;hall be mark'd on the face of a tree in a &s;mooth place out for that purpo&s;e with the letter W, and &s;o with two notches all along the road, and the roads that lead to any County Court Hou&s;e &s;hall have two notches on the trees on both &s;ides the road as afore|&s;aid, and another notch a di&s;tance above the other two; and any road that leads to a Church &s;hall be marked at the entrance into the &s;ame, and at the leaving any other road with a &s;lip cut down the face of the tree near the ground, and any road leading to a Ferry &amp; dividing from other publick roads &s;hall be marked with three notches of equal di&s;tance at the entrance into the &s;ame; and the&s;e rules &amp; methods the &s;everal Ju&s;tices of the County Courts &s;hall from time to time give in charge to the Over&s;eers of the high ways by them to be appointed for that purpo&s;e, who are likewi&s;e enjoyned carefully and &s;trictly to ob&s;erve and perform the &s;ame under the penalty afore&s;aid, and where any road &s;hall lead through any Seated Planta|tion or old Fields,</P>
<P>Be it Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the &s;everal and re&s;pective Over&s;eers within their &s;everal &amp; re&s;pect|ive Precincts do &s;et up po&s;ts, &s;o many as may be perceived from one to the other, which po&s;ts &s;hall be marked and notched according to the place they lead to, as be|fore in this Act for the marking and notching of roads have been appointed, and that the po&s;ts of all gates through which any &s;uch roads &s;hall lead as afore&s;aid, be marrked and notched as afore&s;aid, under the penalty afore&s;aid, any thing in this Act to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act concerning the height of Fences and to puni&s;h burners thereof, and al&s;o to re&s;train the multiplicity of Hor&s;es and Mares.</HEAD>
<P>WHEREAS divers people within this Province have and do make in|&s;ufficient Fences about their Corn Fields, whereby Cattle and Hor&s;es are apt to get in and de&s;troy the Corn there planted, for prevention whereof for the future, this pre&s;ent General A&s;&s;embly do humbly pray that it may he Enact|ed,</P>
<PB N="58" REF="33">
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that all Fences which are intended or de&s;igned to inclo&s;e Corn ground or pre&s;erve Corn there planted, &s;hall be at the lea&s;t five foot high quite round the Field well and &s;ufficiently made, in the judgment of two indifferent Men view|ing the &s;ame when any tre&s;pa&s;s is committed, and in ca&s;e any hor&s;e, mare or cat|tle &s;hall leap over or break down any &s;uch Fence as afore&s;aid thereby getting into &s;uch ground, that then the owner of &s;uch hor&s;e or hor&s;es, mare or mares, or cattle &s;hall be liable to an action of tre&s;pa&s;s, if the damage thereby &s;u&s;tained &s;hall in the judgment of two &s;uch per&s;ons as afore&s;aid amount to two hundred pounds of To|bacco or upwards, or if le&s;s, the owner of &s;uch Bea&s;t or Bea&s;ts to be convey'd before &s;ome one u&s;tice of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eace in the &s;ame County who is hereby impower'd to award &s;uch damages as he &s;hall think convenient upon &s;uch evidence as &s;hall be produced before him, any Law or Cu&s;tom to the contrary notwith&s;tanding.</P>
<P>And whereas divers of the good people of this Province, have &amp; do &s;uffer much damages by the notorious ill practices of ill di&s;po&s;ed and malicious per&s;ons burn|ing Fences, to the end therefore that &s;o great abu&s;es may be either re&s;trained or puni&s;hed,</P>
<P>Be it Enacted by the Authority afore&s;aid, that if any per&s;on or per&s;ons what&s;o|ever within this Province, &s;hall willfully and maliciou&s;ly burn, pull down or any ways de&s;troy any Corn Field, Pa&s;ture or Orchard, or any other Fence or Fences whereby any of the inhabitants of this Province are or may be harmed or damnified, the per&s;on or per&s;ons &s;o offending being thereof Lawfully convicted by cofe&s;&s;ion, or the te&s;timony of two Witne&s;&s;es, or one Witne&s;s and pregnant circum&s;tances a|greeable thereto, &s;hall make re&s;titution to the party grieved by paying of trebble the damage &s;u&s;tained thereby, as the &s;aid ju&s;tices before whom &s;uch matter &s;hall come &s;hall determin, or a jury in &s;uch ca&s;e &s;hall award. And forasmuch as it of|ten happens, that peoples Corn Fields are generally de&s;troyed by the intolerable number of hor&s;es &amp; mares that are u&s;ually &s;uffered to run at liberty in the woods &amp; other places, thereby going &s;o wild that they are not onely prejudicial to mo&s;t of the Neighbourhood, but al&s;o are of little or no u&s;e to the owners.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, that from &amp; after the tenth day of <HI>March</HI> next after the publication hereof, when and as often as any hor&s;e mare or gelding, or any other Bea&s;ts &s;hall happen to get into any Corn Field, Wheat or Oat ground &s;o inclo&s;ed with &s;uch a Fence as is above mentioned, the owner of &s;uch ground as afore&s;aid &s;hall be obliged the fir&s;t ond &s;econd time &s;uch Bea&s;t &s;hall get into &s;uch inclo&s;ed grounds as afore&s;aid to give notice to the owner or owners of &s;uch bea&s;t as afore&s;aid, &amp; if the afore&s;aid owner of &s;uch Bea&s;t or Bea&s;ts &s;hall neglect or refu&s;e to re&s;train &s;uch bea&s;t or bea&s;ts from committing the like of|fence, it &s;hall and may be Lawful for the owner or lawful po&s;&s;e&s;&s;or of &s;uch ground to &s;hoot, kill or any ways de&s;troy upon their &s;aid lawful po&s;&s;e&s;&s;ion &s;uch bea&s;t or bea&s;ts that &s;hall commit &s;uch tre&s;pa&s;s the third time.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that if any the owner or owners of any &s;uch bea&s;t as afore&s;aid, &s;hall not be known to the party or parrys grieved or damnified as afore&s;aid, he &s;he or they &s;o agrieved, &s;hall and are obliged with two &s;ufficient Evidences to take notice of the colour, natural and artificial marks of any &s;uch bea&s;ts in writing, and the &s;ame to afix and &s;et up at the mo&s;t publick place within the County where &s;uch damage as afore&s;aid &s;hall happen to be done for the &s;pace of one whole month, at the end of which no owner appearing, it &s;hall and may be lawful for the partys grieved to &s;hoot kill or de&s;troy upon his her or their po&s;&s;e&s;&s;ion as afore&s;aid any bea&s;t or bea&s;ts as afore&s;aid, any Law Sta|ture or Cu&s;tom to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for killing of Woolves.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that every per&s;on that &s;hall bring the head of a Woolf to any of the Commi&s;&s;ioners or Ju&s;tices of the Peace in any County within this Province, &s;hall be allowed two hundred pounds of Tobacco from the County where the Woolf &s;hall be killed, and that &s;uch Commi&s;&s;ioner or Ju&s;tice of the Peace to whom the
<PB N="59" REF="33">Woolf's head &s;hall be brought, &s;hall cut out or cau&s;e to be cut out the Tongue, &amp; cut or cau&s;e to be cut off the Ears of the &s;aid Woolf's head, to prevent the deceit of twice or oftner paying the &s;ame,</P>
<P>And Be it likewi&s;e Enacted by the Authority afore&s;aid, that it &s;hall and may be lawful to and for the &s;everal Ju&s;tices of the &s;everal and re&s;pective Countys with in this Province, and they are hereby authorized, impowered &amp; required yearly, and every year during this Act, at the time of the laying the County Leavy, to rai&s;e and a&s;&s;e&s;s by an equal a&s;&s;e&s;&s;ment upon the taxables of the &s;aid County &s;uch Sum or Sums of Tobacco as to the Ju&s;tices of the &s;everal and re&s;pective Countys &s;hall &s;eem meet &amp; convenient, and &s;uch Sums of Tobacco rai&s;ed as afore&s;aid, &s;hall lay out and di&s;po&s;e for the purcha&s;ing of duffells or matchcoats, &amp; when the &s;ame is purcha&s;ed, &s;hall deliver to &s;uch and &s;o many per&s;ons re&s;iding convenient to the Indians as the Ju&s;tices afore&s;aid &s;hall think fit, who &s;hall render an account to the &s;aid Ju&s;tices at the next laying out of the Leavy, how &s;uch matchcoats delivered him or them have been di&s;po&s;ed, and what part thereof remains in his or their po&s;&s;e&s;&s;ion or hands.</P>
<P>And Be it Enacted, that &s;uch per&s;on or per&s;ons having &s;uch matchcoats deliver|ed as afore&s;aid, be and are hereby required to deliver to any Indian or Indians for every Woolf or Woolves heads not having been paid for before one matchcoat containing two yards of duffells, and give a true account of the &s;ame at the next County Leavy as afore&s;aid to the Ju&s;tices afore&s;aid, and &s;hall mark &s;uch Woolves heads as afore&s;aid to prevent deceit as afore&s;aid.</P>
<P><HI>An Act to enable the purcha&s;ers of the Sub&s;criptions to the Free&s;chool to reco|ver the &s;ame</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ettling a Revennue on his Maje&s;tys pre&s;ent Governour.</HEAD>
<P>WHEREAS his mo&s;t Sacred Maje&s;ty out of his Royal Bounty and Princely Favours has been plea&s;ed to con&s;titute and appoint his Excel|lency Colonel <HI>NATHANIEL BLAKISTON</HI> his Capt' General and Chief Governour in and over this his Maje&s;tys Province of <HI>Maryland,</HI> to whom we his Maje&s;tys mo&s;t Loyal Subjects yeild all due obedience as by his Royal Commi&s;&s;ion we are obliged, and the better to demon&s;trate our mo&s;t humble gra|titude, and to &s;hew the good re&s;pects we have for and towards the &s;aid Colonel <HI>Nathaniel Blaki&s;ton</HI> our pre&s;ent Governour, and the great hopes and expectation we have of his Excellencys good Government over us, we mo&s;t humbly pray that it may be Enacted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that an impo&s;ition of three pence <HI>per</HI> Hog&s;head over and above the one &s;hilling <HI>per</HI> Hog&s;head keretofore granted for Support of his Maje&s;tys Gover|nour here, upon all Tobacco that &s;hall hereafter be exported out of this Province by land or water, allowing 400 pounds of Tobacco to each Hog&s;head, and the like quantity in bulk, may be rais'd, leavied and paid by the Ma&s;ter of every Ship Ve&s;&s;el trading into this Province in ready Money or Bills nf Exchange at the elec|tion and choice of the &s;aid Ma&s;ter, to be collected by the Naval Officer of the Port or Di&s;trict where &s;uch Ship or Ve&s;&s;el &s;hall enter, or &s;uch other per&s;on as his Ex|cellency &s;hall think fit to appoint.</P>
<P>And be it further Enacted by the Authority afore&s;aid, that if any Tobacco &s;hould by any ca&s;ual means be lo&s;t after the impo&s;ition paid, that then and in all &s;uch ca&s;es the Owner or Freightor of all &s;uch Tobacco &s;hall have free liberty to Freight and Ship of the like quantity again without paying the additional three pence, this Act to endure &s;o long as the &s;aid <HI>Nathaniel Blaki&s;ton</HI> <ABBR>E&s;q</ABBR> &s;hall conti|nue Governour of this Province.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="60" REF="34">
<HEAD>An Act a&s;certaining the bounds of Land.</HEAD>
<P>WHEREAS at the fir&s;t taking up of Lands in this Province, nece&s;&s;ity con&s;trained his Lord&s;hip to commi&s;&s;ionate &s;uch per&s;ons to be Sur|veyors as was but very meanly skilful in the Art of Surveying, and for the wind|ings, cour&s;es and turnings of the &s;everal Rivers, Rivolets Creeks and Coves many times by the&s;e Branches folding one in another were unknown to the Surveyors, nor for fear of the Indian Enemy then numerous and &s;trong, dar&s;t they &s;tay on Shoar to examin the windings and cour&s;es afore&s;aid, but marking &s;ome trees by the &s;ides of &s;uch Rivers Creeks <HI>&amp;c.</HI> did without further troubles pre&s;cribe certain bounds and cour&s;es to the &s;everal tracts by them &s;urveyed or intended to be &s;urveyed, and the &s;aid bounds are generally expre&s;t in &s;uch uncertain terms, and being many times contradictious and inco&s;i&s;tant in them&s;elves, whereby it comes to pa&s;s that at this time is very uncertain, and many chargable and tedious Suits in Law happen about &s;uch bounds, which are mo&s;t times (as it were) by the favour and inclinations of Jurors arbitrarily determined differing ways, in pa|rallel ca&s;es, to prevent which for the future, and that judgment may go more di|rect and that Neighbours may more certainly know their bounds and avoid tre&s;|pa&s;&s;ing upon one another, and for the more general a&s;certaining the meets and li|mits of every particular Mans Lands, there can be no better way than by a Law, to put one certain interpretation upon &s;uch contradictory expre&s;&s;ions ob&s;erved to be in ancient Certificates, and by demon&s;trating one example of each interpreta|tion in a fair parchment to be to this Act annexed as part of the &s;aid Act.</P>
<P>Wherefore the Delegates and Repre&s;entatives of the City of St. <HI>Marys</HI> and of the &s;everal &amp; re&s;pective Countys of this Province humbly pray that it may be En|acted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t excellent Maje&s;ty by &amp; with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that if any Man or his A&s;&s;igns hold a tract of Land lying in the woods, and from his fir&s;t or other markt tree or end of the line, or otherwi&s;e run a certain cour&s;e &amp; certain number of perches to a Bay River Creek Branch or Beaver damm which have a con&s;tant Sream or certain Bed of a Channel if the cour&s;e directs thereto and the number of perches fall &s;hort thereof, in &s;uch and the like ca&s;es, if adding fifty <HI>per cent.</HI> thereto will reach the &s;aid Bay River, Creek, Branch or Bea|ver damm expre&s;t in the &s;aid grant, the &s;aid line &s;hall be extended thereto, as in other ca&s;es hereafter, being certain natural and unalterable bounds.</P>
<P>And where the &s;aid line inter&s;ects the water of the &s;aid Bay, River, Creek or Beaver dam or Run of the &s;aid Branch, which are, or &s;hall be expre&s;t in &s;uch grant, &s;uch inter&s;ection &s;hall be deemed and adjudged the certain prick or point of &s;uch tract of Land, but if the &s;aid adding of the &s;aid fifty <HI>per cent.</HI> will not reach the &s;aid Bay or River <HI>&amp;c.</HI> expre&s;t in the &s;aid grant, &amp; &s;uch certain number of perches give the quantity of Land, which by conditions of Plantations is expre&s;t in the grant of the &s;aid Land to have been due to him with his &s;aid certain number of perches, &amp; &s;hall not extend his bounds further then his certain number of perches to the prejudice of any latter Survey, notwith&s;tanding any gift, grant or pattent of confirmation granted or made after the date of any certificate of latter &s;urvey.</P>
<P>And if a tract of Land by a River, Creek or Branch &s;ide, and from any markt tree or end of a line run a certain cour&s;e and number of perches up the River creek or branch to the head of the &s;aid River Creek or Branch, and the Record of Sur|vey do not expre&s;s any markt tree to which as an undevidable prick the line might be &s;uppos'd to come, the &s;aid tract &s;hall be concluded by the certain number of Perches, but if in this or the former ca&s;e, there be a markt tree expre&s;t in the certi|ficate of Survey and well and &s;ufficiently proved, to which either the cour&s;e or the creek, River or Branch directly leads, and may be attained by adding ten <HI>per cent</HI> to every hundred perches of that line which leads to it, the owner or owners of &s;uch Land &s;hall hold that &s;urplu&s;age granted by the &s;aid ten <HI>per cent.</HI> a|gain&s;t any latter taker up, and even again&s;t the Right Honourable the Lord Pro|prietor his Heirs and Succe&s;&s;ors, at the granted Rent without any alteration by rea&s;on of the words more or le&s;s.</P>
<P>And if the &s;aid markt tree be attained by adding of fifty <HI>per cent.</HI> to every hun|dred perches of the &s;aid line which leads to it, the owner of &s;uch Land &s;hall hold
<PB N="61" REF="34">that &s;urplu&s;age again&s;t any latter taker up, that is to &s;ay all between the &s;aid trees again&s;t the Lord Proprietor, paying Arrears of Rent at two pence <HI>per</HI> pound in Tobacco, but if the fifty <HI>per cent.</HI> will not attain the &s;econd tree, it is out of mea|&s;ure unrea&s;onable, and then the owners of &s;uch Land &s;hall be concluded by his prei&s;e number of perches as if he never had any &s;econd markt tree, and if in either the former ca&s;es, or any other ca&s;e where thh afore&s;aid fifty <HI>per cet.</HI> will attain the &s;econd tree, &s;o as by this Act the owners may hold the &s;urplu&s;age, the &s;econd line is drawn from the &s;econd tree the ju&s;t length, as for example one hundred Acres, a line from the fir&s;t tree be mentioned North one hundred perches to the &s;econd markt tree but is really one hundred and fifty perches, and then from the &s;econd tree a line is drawn Ea&s;t one hundred and &s;ixty perches the ju&s;t length, then from the end of the &s;aid Ea&s;t line, a line is drawn South one hundred perches but no markt tree there expre&s;t it will leave a gore betwixt a line drawn We&s;t to the fir&s;t tree, and the end of the hundred perches South, in all &s;uch ca&s;es by vertue of this Act the third line &s;hall be extended of equal length with the fir&s;t and tke fourth line &s;hall be parallel with the &s;econd as in the fir&s;t example demon&s;trated, that the tract of Land may be &s;quare, and one and the &s;ame being laid out backward or forwards, but if in the certificate of Survey it be expre&s;&s;ed in the third line a certain cour&s;e and number of perches, and then or from the end thereof or &s;uch like &s;ynonimous expre&s;&s;ions with a &s;treight line to the fir&s;t bounded Tree, &s;uch &s;treight line &s;hall be the bounds thereof, altho the third line be not of equal leogth with the fir&s;t, and if any &s;econd or latter taker up of Land &s;hall have taken up the &s;aid gore or land that may include it, and not improved or built thereon, the owner of the fir&s;tt tract &s;hall pay him his rea&s;ona|ble charges expended in taking up the &s;ame, and reimbur&s;e him all the Rent paid for the &s;ame, and the fir&s;t owner &s;hall intirely hold the full &s;quare, paying his Lord&s;hip his &s;ucceeding Rent for the &s;urplu&s;age, but if the taker up of the &s;aid Land or Gore including it have built thereon, he &s;hall not be lyable to an Action of Tre&s;pas, but if in ca&s;e the owner of the fir&s;t Tract do not agree with him about paying him for his improvement, then the taker up of the gore &s;hall fot the improvements &s;ake hold it &s;uch a number of years, not exceeding fourteen years to come as a Jury of of Re&s;urvey &s;hall adjudge, and this all to be required, &amp; the number of years to commence when the owners of the fir&s;t tract &s;hall by a Jury re&s;urvey and a&s;certain his bounds according to this Act.</P>
<P>And if any Man hold a Tract of Land by the &s;ide of a Creek, River or Branch and it be de&s;cribed to begin at a markt tree by the &s;ide of the &s;aid Creek River or Branch, and at the la&s;t is on that &s;ide to be bounded with the &s;aid Creek, River or Branch, but it is expre&s;t from the &s;aid markt tree to run up or down the &s;aid creek river or branch a certain number of perches or a certain cour&s;e, which declines from the water &s;ide and runs into the Land and no markt Tree appointed for it to end at, in all &s;uch like ca&s;es the owners of the &s;aid Land &s;hall rever&s;e his la&s;t line, <HI>viz.</HI> as &s;uppo&s;e the fir&s;t cour&s;e is North one hundred perches to the branch creek or river and the other We&s;t one hundred and &s;ixty perches and then South one hundred perches, and then Ea&s;t, or on a &s;treight line to the fir&s;t markt tree, he &s;hall run from his fir&s;t tree We&s;t one hundred and &s;ixty peches, &amp; then South one hundred perches, and then Ea&s;t unto the &s;aid creek river or branch, and where the &s;aid Ea&s;t line inter&s;ects or falls into the water it &s;hall determin his bounds, &amp; he &s;hall hold from that inter&s;ection by the water &s;ide to the fir&s;t tree, but in this ca&s;e or any ca&s;es parallel, if fifty <HI>per cent.</HI> will not inter&s;ect the branch, creek or river, then the preci&s;e lines and cour&s;e to be the bounds thereof, &amp; the rever&s;ing of lines &s;hall determin bounds, when the lines by the water fide &s;lants over the creek, river or branch, &amp; in that ca&s;e the creek river or branch &s;hall be the bounds of &s;uch tract, and it &s;hall not pa&s;s over as in the &s;econd third and fourth example is demon&s;trated and the rea&s;on why fifty <HI>pir cent.</HI> is allowed to reach the creek, river or branch, that if more is there will be no coherence between the creek and the cour&s;e.</P>
<P>And if a Tract be di&s;cribed to lie on a certain &s;ide of a creek river or branch, &amp; begin at a markt tree, and run a certain cour&s;e, as &s;uppo&s;e North one hundred per|ches up or down the &s;aid creek or river to another markt tree by the river &s;ide, which &s;econd markt tree is known and really &s;tands by the water &s;ide; and make the breadth of the Land within fifty <HI>per cent',</HI> there the &s;econd line &s;uppo&s;ing ea&s;t &s;hall be drawn from the &s;econd tree the certain number of perches, &s;uppo&s;ing one
<PB N="62" REF="35">hundred and &s;ixty and from the end thereof South, till it inter&s;ect a line drawn al|&s;o Ea&s;t from the fir&s;t tree, tho' the &s;aid Ea&s;t line la&s;t mentioned be more or le&s;s in this ca&s;e than fifty <HI>per cent.</HI> over or under, and from that inter&s;ection a line drawn We&s;t to the fir&s;t tree, the water the we&s;t and the South Line &s;hall be the bounds of &s;uch tract, and all &s;uch tracts in ca&s;es parallel, becau&s;e that generally takers up of &s;uch backward Land have &s;o allowed the tracts fronting the River to lie, &amp; that with good rea&s;on, and as for the rea&s;onablene&s;s of it, it cannot be otherways on acted, &s;o if it &s;hould be other ways enacted it would make a general confu&s;ion in all backward lands, bounded fir&s;t upon the frontier tracts, and then one upon another, and in the ca&s;es afore&s;aid, altho' there be a great variation betwixt the pre&s;cribed cour&s;e and the real cour&s;e, from the fir&s;t to the &s;econd tree, yet all the land betwixt the &s;aid trees by its general bounding on the water &s;hall be adjudged part of the &s;aid tracts, and afterwards from the &s;econd tree it &s;hall be determined by lines as afore&s;aid, as in the fifth &amp; &s;ixth example.</P>
<P>And if a tract of land be laid out for a certain number of Acres on &s;uch cour&s;es, which tho' the length of the lines yet the acutene&s;s of the Angles will not make the certain number of Acres, yet the tract &s;hall be confined by &s;uch bounds, as &s;uppo&s;ing the fir&s;t line be north fifty perches, &amp; then north ea&s;t or north north ea&s;t or the like eighty perches, and &s;o parallel, and yet the owner &s;hall be contented, &amp; all latter Surveys adjoyning to &s;uch lines &s;hall be good as in the &s;eaventh example.</P>
<P>And if any Man have a greater number of perches given him in length or in breadth by expre&s;s words, then he ought to have, yet he &s;hall hold the &s;ame a|gain&s;t any latter taker up, and again&s;t the Lord Proprietor rendring Rent, as &s;up|po&s;e north fifty perches, then ea&s;t eighty perches, and &s;o lines parallel for one hundred Acres as in the eighth example.</P>
<P>Every Man that hath an I&s;land intirely granted to him, altho' he have Surplu&s;|age &s;hall hold the &s;ame altho' lines or cour&s;es or number of perches be not rightly expre&s;t to conclude the &s;ame again&s;t any latter taker up, &amp; again&s;t the Lord Propri|etor rendring Rent, if his Lord&s;hip &s;hall for di&s;covery of &s;uch Rent cau&s;e the &s;ame to be re&s;urveyed, and his Lord&s;hip his Heirs or Succe&s;&s;ors &s;hall not for any Sur|plu&s;age intirely damn or confound any Pattent upon pretence of being deceived in his grant or any other pretence, becau&s;e every Man had land granted him in con|&s;ideration that by performing conditions of Plantations it was due to him, ex|cept where his Lord&s;hip hath granted any Lands <HI>ex mero motu de gratiae &s;pecialia</HI></P>
<P>And whereas by this Act it is provided that if any Man hold fifty <HI>per cent.</HI> above his number of perches betwixt his known bounds he &s;hall maintain the &s;ame a|gain&s;t any latter taker up <HI>&amp;c.</HI> and will not re&s;urvey his land in due time, but that the Lord Proprietor grant the Svrplu&s;age to another, yet if the fir&s;t taker up have &s;eated his Plantation and made his improvement after the certain number of per|ches is determined, yet the Surplu&s;age &s;hall not be &s;aid to be there only after &s;uch determination of &s;uch number of perches, hecau&s;e after the Surveyor hath once by de&s;cription as it were &s;hapt the land it is then all granted at once <HI>uno flatu,</HI> &amp; the Surplu&s;age &s;hall be a&s;&s;igned by a Jury intirely to lie together, but to the lea&s;t de|triment of the fir&s;t Grantee.</P>
<P>And if a certain number of perches in any ca&s;e be pre&s;cribed to run by a Creek, River or Branch &s;ide, and no markt tree nor certain cour&s;e expre&s;t, the &s;aid num|ber of perches &s;hall not be &s;pent away by the &s;everal windings of the River Creek or Cove but brought to a &s;treight line of that length, or el&s;e be regulated by the o|ther cour&s;es as in other ca&s;es is provided.</P>
<P>If Land be bounded by a Creek or Cove running a certain cour&s;e or number of perches, as &s;uppo&s;e north one hundred perches, if that branch creek or cove were out and expire, or unrea&s;onably wind above five points from the cour&s;e into the land before the number of perches be determined, &s;o that there be no certain run|ning Stream or certain Bed or Channel of a Stream continuing to the end of the line, or if there be &s;uch windings as afore&s;aid, in &s;uch ca&s;es the lines &s;hall be the bounds from the beginning to ending; provided that all the adjacent lands be|twixt the creek and the line before it comes to &s;lant over the branch creek or cove &s;hall be added and taken to be part of the Land, that is &s;o far as the creek includes as in the ninth example.</P>
<P>If Land begin at a markt tree by a River, Creek, Branch or Cove, and &s;o go up or down the &s;aid River, Creek, Branch or Cove to another markt tree at the mouth
<PB N="63" REF="35">of a Creek or Cove, and then be pre&s;cribed to run a certain cour&s;e or number of perches by the &s;aid creek or cove, and the &s;pending away of the number of perch|es upon the winding of the &s;aid creek or cove would &s;horten the line from extend|ing far enough into the woods, and the creek winde outward from the land, and varying from the cour&s;e, in this ca&s;e the full line and cour&s;e pre&s;cribed &s;hall be run out, and from the end of that line &s;hall be drawn a line revent to the next cour&s;e which is to be run till the line rever&s;e inter&s;ect the &s;aid creek or cove, and by that inter&s;ection it &s;hall be de&s;cribed kow far that tract &s;hall be bounded by the creek <HI>&amp;c</HI> and the re&s;t of the bounds &s;kall in &s;uch ca&s;e be a&s;certained by the fourth example, as &s;uppo&s;e from the &s;econd tree at the mouth of a cove <HI>&amp;c.</HI> the line pre|&s;cribed Ea&s;t one hundred and &s;ixty perches by the cove and bounded by the cove, and the &s;aid creek winds away Ea&s;t North Ea&s;t, the ea&s;t line of the one hundred and &s;ixty perches &s;hall be run out, and if from the end of the ea&s;t line the cour&s;e &s;hould be &s;outh, then there &s;hall fir&s;t be drawn a line northe to the cove, &amp; that north line &s;hall de&s;cribe at the place where it interfects the cove how far that tract &s;hall be bounded by the cove, and then at the inter&s;ection the &s;outh line &s;hall be begun and continued till it inter&s;ects a line drawn ea&s;t to the fir&s;t tree as in the fourth example afore&s;aid, always provided the &s;outh line be not fifty <HI>per cent.</HI> more than it ought to be, but if the &s;outh line be fifty <HI>per cent.</HI> than it ought to be then the &s;outh line &s;hall be the bounds and not the creek or cove, and if the &s;outh line go to the we&s;tward of the fir&s;t tree, then the ea&s;t line afore&s;aid &s;hall be fur|ther extended that the &s;outh line may at lea&s;t come to the beginning tree.</P>
<P>In all ca&s;es where po&s;itive eye witne&s;s cannot be had, there traditional widence <HI>viva voce</HI> concurring with and agreeable to Record &s;hall be accounted good proof declaring from whom they had their tradition, and not affirming any markt tree or bounds other then or differing from what is expre&s;t on Record, and where the fir&s;t markt tree is wanting, and the beginning cannot be rea&s;onably proved, but yet a &s;econd or third markt tree is found, the tree &s;o found &s;hall rule the bounds of the whole tract, according to the rules of this Act mentioned, or hereafter to be men|tioned, where a Man holds a Pennin&s;ula or Neck of Land and have &s;everal markt or lined trees upon the points or capes of his tract which do not very exactly a|gree in cour&s;e or di&s;tance, and yet by good evidence prove his exteriour bounds, and the whole neck as 'tis commonly called or Pennin&s;ula be granted to him, there all things &s;hall be favourably interpreted, to his holding the whol neck 'gain&s;t any later taker up alrho' he hath built &amp; improv'd, becau&s;e tis unrea&s;onable a 2 <ABBR><HI>d.</HI></ABBR> taken up for a &s;mall skirt of land &s;hall have the &s;ame advantage of range as the other, but yet if the &s;econd taker up be ejected, the fir&s;t &s;hall not have any action of tre&s;|pa&s;s again&s;t him, except the Court which gives Judgment upon the titles, being the &s;ame Court that Judgment is given and not after in due form moved allow &s;uch action to be brought upon con&s;ideration of the rea&s;onablene&s;s of the matter, and that is humbly prayed to be thus enacted becau&s;e &s;uch Pennin&s;ula or Necks of Land do not fall under any ordinary rule of regulation, provided that nothing be allowed of which is directly contrary to any other rule of regulation or clau&s;e of this Act.</P>
<P>And if any tract of land be de&s;cribed to begin at the uppermo&s;t or lowermo&s;t tree of another tract, when the record of the former tract mentions not any tree markt for the uppermo&s;t or lowermo&s;t bounds thereof, in all &s;uch ca&s;es the &s;econd tract &s;hall begin where the uppermo&s;t or lowermo&s;t bounds of the fir&s;t tract ter|minates by this Act except it can po&s;itively and very &s;trongly by good witne&s;s be proved that the Surveyor and not the taker up, then and there at the raking up did mark a tree for the beginning of the &s;econd tract be &s;aid to bound upon the fir&s;t, yet it &s;hall not be allowed to do &s;o to the prejudice of any latter Survey, but may come to it's beginning by its pre&s;cribed line or lines parallel to the tract on which its &s;aid to bound, and the land betwixt may be taken up by a common Warrant, as in the tenth example by which all ca&s;es parallel may be adjudged &amp; determin'd.</P>
<P>If a tract of land be de&s;cribed to lie on a certain &s;ide of a River, Creek or Branch with a &s;tream or cove, and at the la&s;t by general bounds is de&s;cribed to be bound|ed by the &s;aid River Creek <HI>&amp;c.</HI> and the fir&s;t line is drawn from the river <HI>&amp;c.</HI> into the woods from the river <HI>&amp;c.</HI> and there are other cour&s;es pre&s;cribed, and at la&s;t come to the river <HI>&amp;c.</HI> yet if any of the former cour&s;es come to the river branch or coye, the cour&s;es &s;hall there determine, and thence by the water be bounded and &s;hall not pa&s;s over, but the owner &s;hall be content with what land is between <GAP DESC="illegible" RESP="pdcc" EXTENT="1 span">
<PB N="64" REF="36">Lines and the water be it never &s;o little, and apply him&s;elf (if he plea&s;e) to his Lord&s;hips favour for the benefit of his Warrant as in the twelfth example.</P>
<P>If a tract of land be de&s;cribed to begin at a certain tree &amp; to run a certain cour&s;e expre&s;&s;ing no certain number of perches till it in&s;er&s;ect another tract of land, which cour&s;e goes clear from &s;uch lands, and no determinate number of perches to limit the lines tis a void &s;urvey, and &s;hall be deemed to include nothing by one part of one &s;ide &amp; another part of another &s;ide of a river, creek, branch or cover <HI>&amp;c.</HI></P>
<P>If a tract of land begin at a certain markt tree, running to the head of a creek, branch or cove it &s;hall be determined as afore&s;aid is de&s;cribed in &s;uch like ca&s;es, &amp; then if for more breadth it begin again at the head of the &s;aid river, creek, branch or cove, and on the other &s;ide thereof, the beginning on the other &s;ide &s;hall be ad|judged to be right oppont to the ending of the fir&s;t &s;ide, except there be a markt tree expre&s;t on the &s;econd &s;ide to regulate that part otherwi&s;e.</P>
<P>If one tract of land be &s;o laid out, and the one part of it lies on the one &s;ide of a former Survey, and another part of it lies on the other &s;ide of the former &s;urvey, and part is taken away by the &s;aid former &s;urvey, yet the owner of the &s;econd tract &s;hall hold all that is clear of the former &s;urvey, and all former &s;urveys what|ever on both &s;ides, for that the land is not granted perch by perch as the &s;urveyor mea&s;ures it, but the grant is <HI>uno ftatu</HI> all at once of every part of it, and if any manamarkt tree <HI>or</HI> trees &s;tand within another mans lands, the owner of the &s;aid land in who&s;e land the &s;aid trees &s;tand, &s;hall not on any pretence cut down or de&s;troy the &s;aid tree or trees, except he fir&s;t give notice to the owner of that land who&s;e bounds &s;uch tree is, and there in his pre&s;ence either plant other &s;ufficient Locu&s;t or Cedar po&s;t on &s;tone or &s;tones in the &s;tead and place of that tree, under the pe|nalty of &s;ix pounds Sterling to be paid to the party who&s;e bounds that tree was, to be recovered by Action of debt <HI>&amp;c.</HI></P>
<P>And it is hereby made lawful for every Men having &s;uch tree or trees within a|nother Mans land, and having &s;pecial Warrant of Re&s;urvey, or order of Prvincial or County Court for re&s;urvey of their land to a&s;certain his bounds having asked lea+ve, &amp; being denied with Surveyer, Jury witne&s;&s;es &amp; chain carriers go on &s;uch land, whereon or wherein his markt tree &s;tands, and from &s;uch markt tree mea&s;ure his cour&s;e and di&s;tance required, provided he make all fences as good and tight as they were found, and that he nor any along with him in mea&s;uring the &s;ame do not manife&s;t damage, detriment or harm to the owner of the land where on they go or if accidentally any damage happen, that then in &s;uch ca&s;es he pro&s;&s;er and within three days make reparation and amends.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that no Man &s;hall have ten <HI>per cent.</HI> given him to the preci&s;e number of perches, except it be by that addition of ten <HI>per cent.</HI> to reach to a markt tree or other natural bounds, but if he have no markt tree or natural bounds he &s;hall not take ten <HI>per cent.</HI> to the damage of any latter Survey, but if the latter Survey begin off from the fir&s;t Survey and run to|wards it and there be ten <HI>per cent.</HI> betwixt the end of the preci&s;e number of perches the fir&s;t taker up &s;hall injoy it, and in all &s;uch ca&s;es if ten <HI>per cent.</HI> added to both will make their lands to bound on each other no third per&s;on &s;hall take up or hold any land betwixt them.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that if any Man hold land by a river or creek &s;ide, yet &s;o as there lies mar&s;h betwixt the firm land and the river, &s;uch adjacent mar&s;h &s;hall not be taken up, or being already taken up by any other &s;hall not be held, but &s;uch adjacent mar&s;h &s;hall be deemed &amp; adjudged ab&s;olutely to belong to the land to which it is adjacent, and be bounded by the &s;ame cour&s;es drawn from the firm land into &s;uch river or creek as the firm! and is bounded by, except in Somer&s;et County, and upon Dellaware and the Ocean.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that if any Man hold land which is bounded or expre&s;t to be bounded by a line drawn from a certain tree or other individable point of inter&s;ections, a certain cour&s;e to a certain markt tree in the woods, and the &s;aid tree or trees do not corre&s;pond to the &s;aid certain cour&s;e or cour&s;es, but that the cour&s;es and trees differ very much as it is too common, and that the cour&s;es pre&s;cribed give the quantity of land due to the taker up, in &s;uch ca&s;es wherein it is not otherwi&s;e before in this Act provided in a&s;certaining of the bounds of land by the water &s;ide, the lines &s;hall be the bounds of &s;uch lands, and the trees &s;hall be de&s;erted, and one line &s;hall be drawn from the end of another, be|cau&s;e
<PB N="65" REF="36">the errors of &s;uch &s;urveys was in the misplacing of trees, yet &s;o if any &s;e|cond taker up hath begun at any the a&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> re&s;aid de&s;erted trees and run lines parallel to the fir&s;t taken up lands, &amp; that by this regulation, &s;ome part of the land of the &s;econd taker up will now fallwithin the lines of the fir&s;t taker up, in &s;uch ca&s;e the fir&s;t taker up &s;hall have <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o Action of I re&s;pa&s;s again&s;t the &s;econd taker up for any &s;uppo&s;ed tre&s;pa&s;s within his lines which he could not have had before, but on the contrary, if the &s;econd taker up hath made any improvement on the land now to be taken away he &s;hall hold his improvement and all the land that falls to be within the lines of the fir&s;t taker up by rea&s;on of this regulation for &s;uch number of years as a Jury &s;hall think &s;uch improvement de&s;erves, not exceeding fourteen years, to be reckoned from the time that the fir&s;t taker up re&s;urvey'd his land by a Jury, and the &s;aid Jury &s;hall there <HI>one tenus</HI> determin the matter.</P>
<P>And whereas this may occa&s;ion that &s;ome land may lio clear by or about the&s;e de&s;erted rrees or otherwi&s;e, in &s;uch ca&s;es the Jury, or the major part of them &s;hall determin in writing under their Hands and Seals what part of &s;uch land happening to be clear &s;hall be a&s;&s;igned to the fir&s;t taker up to take up again by common War|rant, and what part &s;hall be a&s;&s;igned to the &s;econd taker up to take up again in like manner, which by this Act they are impowered to do, to make good what di&s;advantage may happen to either part, and no other per&s;on for a year and a day after &s;hall take up any the land &s;o a&s;&s;igned, and if they do it &s;hall be of no effect, not &s;hall any grant for the &s;ame upon any &s;uch &s;urreptitious Survey be of validity in Law, and if the fir&s;t taker do not within a year and a day after the pub|lication of this Act in the County where &s;uch land lies re&s;urvey his land and a&s;|<GAP DESC="illegible" RESP="pdcc" EXTENT="6 letters"> his bounds, that then after one year and a day expired the &s;econd taker up (may if he plea&s;eth) for certainty &s;ake cau&s;e the &s;ame to be done at his own co&s;t and <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ges. And Be it Enacted <HI>&amp;c.</HI> that the Ju&s;tices of each re&s;pective County Court may grant a Warrant of re&s;urvey and a <HI>ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ire</HI> for a Jury if required when the rea&s;on of Re&s;urvey is onely a&s;certaining of bounds, according to this Act, the petitioner paying only to the Clerk &s;ixteen pounds of Tobacco for his Warrant, and thirty pounds of Tobacco or two &s;hillings &s;ix pence to the Commi&s;&s;ioners towards &s;upporting their expences, and where the Warrant of re|&s;ervey is granted as afore&s;aid there the Survey or &s;hall have only &s;uch &s;ees as in a pr<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">itive Survey, any Law Statute or Cu&s;tom to the contrary notwith&s;tanding. And &s;hall certifie that by vertue of &s;uch Warrant be hath re&s;urveyed a tract of land called A at fir&s;t laid out for B de&s;cribed to lie and be bounded as followeth, (here the &s;cituation and bounds of land to be expre&s;t) and that he hath re&s;urveyed and regulated the &s;ame according to the fir&s;t &s;econd or other example of the Act for regulating and a&s;certaining <HI>&amp;c</HI> which certificate with a &s;air platt &s;hall be return'd to the Examinor of the County, and being approved by him to the County Clerk to be recorded, and to that end Be it Enacted that the Governour for the time be|ing may con&s;titute &amp; apoint one di&s;creet per&s;on to be Examiner of the &s;aid County and to do therein as to &s;uch Office belongs <HI>&amp;c.</HI> taking for his fees for every &s;uch certificate fifty pounds of Tobacco, if the &s;ame be for five hundred Acres or under and one hundred pounds of Tobacco if the &s;ame &s;hall keep a fair Book, and Re|cord the certificate and platt.</P>
<P>And Be it Enacted <HI>&amp;c.</HI> that if any per&s;on hold a tract of land, which on any line is &s;aid to run a certain cour&s;e and certain number of perches to another Mans land, &amp; that certain number of perches and fifty <HI>per cent.</HI> added on the &s;ame cour&s;e to that line do not come to the &s;aid land, yet the number of perches give the quan+tity of land which the taker up had due to him, he &s;hall be contented with his pre+ci&s;e number of perches, and &s;hall not extend his line further to the damage of any latter Survey, altho' his Survey be &s;aid to be bounded by the other Mans land, but the land betwixt being &s;urveyed by common Warrant &s;hall be &s;ure to him that &s;ur|veyed it, provided that is not already taken up, he &s;hall have a year and a day from the publication of this Act to take it up by common Warrant, except in &s;uch ca&s;es as falls under the regulation of the eleventh example.</P>
<P>And if any owner of land perceiving that he hath more breadth betwixt his trees which gives him more land then was due to him at fir&s;t have already whil&s;t he was owner of the fir&s;t tract by common Warrant taken up the &s;urplu&s;age, he &s;hall by vertue of &s;uch &s;urvey and his Lord&s;hips grant hold the &s;ame according to his grant, notwith&s;tanding the &s;aid land &s;eem to have been formerly &s;urvey'd, but there
<PB N="66" REF="37">&s;hall not be made any other line then is expre&s;t in the Record of &s;urvey to joyn the land together.</P>
<P>And Be it further Enacted <HI>&amp;c.</HI> that no warrant or grant to alter any &s;urvey up|on pretence that the &s;urveyor hath not taken up the intended land, or was mis|taken in pre&s;cribing his cour&s;es or any the like pretences &s;hall take effect or be good in <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aw to the altering the bounds of any land to the damage of any latter taker up that hath &s;eated &amp; improv, d where the Area of &s;uch fir&s;t &s;urvey includes con&s;iderable land of any quality and hath but one markt tree, but where &s;uch Area includes no land at all but water, there the mi&s;take was manife&s;t, and it &s;hall be adjudged in ca&s;e of difference according to the intent of the &s;urveyor manife&s;t|ly &s;o proved and adjudged, notwith&s;tanding if any man have <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> well known trees by the water &s;ide markt for his breadth of land, and hath &s;eated, improv'd and paid Rent, &amp; quietly for &s;eaven years injoyed the land betwixt the &s;aid trees, &amp; yet by &s;ome error or mi&s;take in the Surveyor or Clark the &s;aid land is expre&s;t in the body of his grant or pattent to begin at one of the &s;aid trees and run to the other, but the line pre&s;cribed runs directly contrary (that is to &s;ay) in running up the &s;aid river creek <HI>&amp;c.</HI> in&s;tead of down the river creek <HI>&amp;c.</HI> or down in&s;tead of up to the &s;econd tree, and leave out the intended land where &s;uch mi&s;take is manife&s;t, and the fir&s;t taker up hath as afore&s;aid &s;eated and improved betwixt the &s;aid trees, and never claimed other land by vertue of that grant, but the land betwixt the &s;aid trees the fir&s;t taker up &s;hall injoy it as if no &s;uch mi&s;take had been, and if there be a|ny other errors in his back lines it &s;hall be regulated as in like ca&s;es is before ex|pre&s;t for other land, and the &s;econd taker up may by vertue of this Act and his Lord&s;hips Favour make u&s;e of his Warrant el&s;ewhere, and the fir&s;t taker up &s;hall reimbur&s;e the &s;econd his rea&s;onable charge for letting his Survey fall, to be adjudged by the County Court upon his petition or motion, the fir&s;t taker up be|ing fir&s;t called and heard, and after &s;uch Jvdgment award Execution by <HI>fieri facias</HI> or Attachment, but yet if &s;uch &s;econd Survey have been made above &s;eaven years before this pre&s;ent Se&s;&s;ions and hath been &s;eated and improv'd by the &s;econd taker up and never yet &s;eated and improved by the fir&s;t taker up or his A&s;&s;igns, then the fir&s;t taker up and not the &s;econd &s;hall be put to &s;eek for the benefit of his Warrant el&s;ewhere, and this word up the river creek <HI>&amp;c.</HI> in&s;tead of down, or down in&s;tead of up &s;hall not vitiate any grant or deed by which land is convey'd from one Man to another, where the re&s;t of the words in the &s;aid grant or deed manife&s;tly imply it only to be a mi&s;take, and the fir&s;t taker up &s;hall rectifie his Survey and take a new grant, which &s;hall be under the &s;ame rent and no other.</P>
<P>Provided always, and Be it Enacted, that nothing in this Act contained &s;hall alter, change, make void, make erronious or defeat any Judgment given &amp; recovered in the Provincial Court before the making of this Act, nor make void any Arbi|tration or Award under Hand and Seal given before the making of this Act, altho &s;uch Judgments and Awards are given contrary to the meaning of this Act, but all &s;uch Judgments &amp; all &s;uch awards tho' they might not otherwi&s;e be good about land &s;hall be and are hereby confirmed, other errors in Law excepted, provided &s;uch Awards &s;hall within a year and a day be recorded in their re&s;pective County Records after the publication of this Act, and acknowledg'd in open Court by one of the Arbitrators or Umpire.</P>
<P>And if a certificate be &s;o defective that one whole line be left out, yet if the o|ther lines be &s;o expre&s;t that they &s;hew what length and breadth were de&s;igned, &amp; that the length and breadth would make out the quantity of land which the taker up had due to him, and the lines expre&s;t do infer to common Rea&s;on and Sen&s;e that the lines were left out by mi&s;take, in all &s;uch ca&s;es the fir&s;t taker up &s;hall hold his land again&s;t any latter taker up as if the certificate were good &amp; intire.</P>
<P>And if any Man hold a tract of land which is expre&s;t to bound on another tract, and to begin at a markt tree &s;tanding in the line of that tract on which it is &s;aid to bound, but the fir&s;t markt tree cannot be prov'd nor found, yet if any other markt tree of the tract be found and proved, that found and proved tree &s;hall rule the bounds of the tract, yet &s;o as only the preci&s;e number of perches &s;hall be held, but if no tree be found the owner may re&s;urvey and lay it out again, beginning in the line where it was at fir&s;t &s;aid to begin, but it &s;hall then be accounted later than a|ny other Survey in them parts, and the taker up &s;hall not intrude nor hold p of any tract of land whereon a Plantation is &s;eated, &amp; whereof there is certain proof
<PB N="67" REF="37">of the bounds becau&s;e a certainty is to be preferr'd before an uncertainty, but what land he &s;hall include by his Survey clear of other tracts he may hold for ever by vertue of his fir&s;t Warrant, and the like &s;hall be adjudged in all parallel ca&s;es where no tree is to be found, if the owners &s;hall think it any advantage by &s;aving his Warrant, but then after &s;uch Survey he &s;hall not pretend to his former Survey any more for ever, yet if any &s;uch markt tree was &s;aid to begin in the point of a fork at the mouth of a creek or &s;uch other place which is as it were a natural be|ginning, there if no tree is found yet if the place is certainly known and proved, a Jury &s;hall find a point or prick to begin at mo&s;t agreeable to the de&s;cription in the certificate of Survey or Grant of the &s;ame, no evidence admitted to prove a markt tree where the Record expre&s;&s;es none.</P>
<P>And la&s;tly, Be it further Enacted <HI>&amp;c.</HI> that if any controver&s;y happen about the bounds of land, whereof there is no parallel within this Act, the Provincial Court &s;hall not give Judgment therein, but it &s;hall be put to the A&s;&s;embly to be determi|ned by an Act and to be made a pre&s;ident for the future.</P>
<P><HI>An Act of gratuity to Colonel</HI> Ninian Beale.</P>
<P><HI>The humble Petition of</HI> Henry Wallice <HI>of</HI> Kent County.</P>
<P><HI>An Act for continuing the late Act for impo&s;ing three pence per Hog&s;head upon Tobacco to the u&s;e of his pre&s;ent Excllency from the time of his arrival here to the end of this Se&s;&s;ions of A&s;&s;embly.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ettling A&s;&s;emblys and Provincial Courts at the Port of <HI>Annapolis</HI> in <HI>Ann-Arundel County.</HI></HEAD>
<P>BE IT ENACTED by the King mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authori|ty of the &s;ame, that the Port of <HI>Annapolis</HI> in <HI>Ann-Arundel County</HI> be the chief place and Seat of Justice within this Province, for holding A&s;&s;emblys and Provin|cial Courts, and that all Writts, Pleas and Proce&s;s i&s;&s;uing or that has i&s;&s;ued out &amp; returnable to the Provincial as afore&s;aid, or to the Court of Chancery, &s;hall from and after the end of this pre&s;ent Se&s;&s;ions of A&s;&s;embly continue and be made return able to the Port of <HI>Annapolis</HI> in <HI>Anu-Arundel County</HI> afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for rai&s;ing a &s;upply towards the drfraying of the publick charge of this Province, and to prevent too great a number of Iri&s;h Papi&s;ts being imported into this Province.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the publication hereof all Ma&s;ters of Ships or o|thers importing Iri&s;h Servants into this Province by land or by water, at the time of their entry &s;hall pay unto the Naval Officer for the time being belonging to &s;uch Port or place where they make their Entry the Sum of twenty &s;hillings Ster|ling <HI>per</HI> Pole towards the defraying of the publick Leavy of this Province for eve|ry Iri&s;h Servant &s;o imported, on penalty and forfeiture of five pounds Sterling <HI>per</HI> Pole for every Servant &s;o concealed at the time of his entry afore&s;aid, the one half thereof to be appropriated to the u&s;es afore&s;aid, the other half to the Informer or him or them that &s;hall &s;ue for the &s;ame to be recovered in his Maje&s;tys name in any Court of Record within this Province, by Action of Debt Bill Plaint or Informa+tion, wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that for every Negro &s;o import|ed into this Province either by land or water, the importor or importors of &s;uch Negro or Negro's &s;hall pay unto the Naval Officer afore&s;aid the Sum of twenty
<PB N="68" REF="38">&s;hillings Sterling <HI>per</HI> Pole for the u&s;e afore&s;aid, on penalty and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">or&s;citure of five pounds Sterling <HI>per</HI> Pole for every Negro kept back or unaccounted for to be <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">|plied for the u&s;es afore&s;aid, and to be recovered as afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that from and after the publication hereof all Ma&s;ters of Ships or other Ve&s;&s;els that &s;hall <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> by <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> water import any Rum of Wino into this Province &s;hall pay un<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Offi|cer afore&s;aid where they make their entry the Sum of three pence <HI>per</HI> gallon for e|very gallon of Rum or Wine &s;o imported into this Province as afore&s;aid, to be ap|ply'd for the u&s;es afore&s;aid, Liquors from <HI>England</HI> always excepted.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, <HI>&amp;c</HI> that all Ships or o|ther Ve&s;&s;els which have been butlt in this Province or bereafter &s;hall be butlt as a|fore&s;aid, which are &s;olely and wholly belonging to the inhabitants thereof, &s;hall be wholly exempted &amp; acquitted from paying the impo&s;ition of three pence <HI>per</HI> gallon afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that no Rum or Wine upon which the dutys afore&s;aid are a&s;&s;e&s;&s;ed &s;hall be landed or put on &s;hoat out of any Ship or other Ve&s;&s;el which &s;hall import the &s;ame, or any other without due entry thereof made with the Officer thereby appointed (upon Oath of the &s;aid per&s;on or per&s;ons importing any of the afore&s;aid liquors) for colle<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ing the &s;ame, in the Port or place where &s;uch liquors &s;hall happen to be imported as afore&s;aid, or before the duty due and payable for the &s;ame be &s;atisfied or <GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">our'd to be &s;atis|fied, and a Warrant for the landing thereof be &s;igned by the Officer for that pur|po&s;e appointed upon pain and peril that all &s;uch liquors landed and put on &s;hoat contrary to the true intent and meaning of this Act &s;hall be forfeited and lo&s;t, or the full value thereof: one half to be appropriated towards the defraying of the publick Leavy of this Province, and the other half to the informer or him or them that &s;hall Sue for the &s;ame, to be recovered in his Maje&s;tys Name, in any of his Maje&s;tys Courts of Record within this Province by Action of debt bill plaint or in formation, wherein no e&s;&s;oyn protection or wager of Law to be allowed.</P>
<P>And for the better incouragement of all Ma&s;ters, Merchants, Owners and other per&s;ons what&s;oever to make due entrys and payment of the dutys, rates and im|po&s;ts rai&s;ed by this Act, in con&s;ideration of leakige and other damages, the Offi|cer is hereby authorized and impowered to make allowance and abatement of 20 gallons in every hundred gallons of all &s;uch liquors &s;o to be duly entred as afore|&s;aid, and the officers hereby appointed for collecting and gathering the dutys a|fore&s;aid, &s;hall and are hereby impowered upon any &s;u&s;pition of fraud or deceit by any importor owner or proprietor of any &s;uch liquors, in concealing and not mak|ing due entry of the &s;ame, to go and enter on board any Ship or Ve&s;&s;el, or into any hou&s;e or ware hou&s;e on &s;hoar, and from thence to &s;eize, bring on &s;hoar or &s;e|cure all &s;uch liquors for which the dutys afore&s;aid are not duly paid or &s;ecured to be paid as afore&s;aid, and that the &s;aid officers and their deputys may freely &s;tay and remain on board until the goods are delivered and di&s;charged out of the &s;aid Ship or Ve&s;&s;el, and all officers as well military as civil of this Province, and all ma&s;ters and officers of Ships are hereby required and injoyned to be aiding and a&s;i&s;ting to &s;uch Naval Officers in di&s;charging of their duty afore&s;aid, for all which the &s;aid Officers and others a&s;i&s;ting them &s;hall be &s;aved and kept harmle&s;s by ver|tue of this Act.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that all &s;uch Naval Offi|cers &s;hall give good &s;ecurity to the Governour of this Province for the time being, and &s;hall take their &s;everal Oaths well and faithfully to gather the impo&s;t &s;o ari|&s;ing by vertue of this Act or any clau&s;e herein contained, and adju&s;t &amp; faithfully to account twice a year, and to give and render to the publick Trea&s;urer of this Province for the time being authorized for receiving the &s;aid impo&s;t, for which the &s;aid Trea&s;urer &s;hall have for their &s;allary 4 <HI><ABBR>l.</ABBR> per Cent'</HI> who are to give good Bond for the &s;ame, to be accountable and render account to the next meeting of A&s;&s;embly, to be by them di&s;po&s;ed of towards the defraying of the publick leavy of this Province.</P>
<P>And Be it further Enacted by the Authority afore&s;ad, that every Ma&s;ter of a Ship or other Ve&s;&s;el at the time of his entry of &s;uch Ship or Ve&s;&s;el wherein <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> liquors &s;hall be imported as afore&s;aid, &s;hall render upon oath an account of the quantity and quality of liquors afore&s;aid, and &s;everal &amp; re&s;pective Naval Officers
<PB N="69" REF="38">within this Province for the time being, &s;hall at the time of their entry of &s;uch Ship or Ve&s;&s;el as afore&s;aid take good and &s;ufficient &s;ecurity in his Maje&s;tys name for the payment of the impo&s;ition afore&s;aid to &s;uch u&s;e and purpo&s;e and in &s;uch manner and form as by this Act is appointed, all which dutys ari&s;ing by &s;uch im|po&s;itions upon liquors as afore&s;aid, &s;hall be collected and gathered by Naval Of|ficers in their &s;everal and re&s;pective Di&s;tricts, for which they &s;hall have for their Sallary eight pound <HI>per Cent'</HI> and no more.</P>
<P>Provided always, that if any importer of Rum or Wine into this Province after the end of this Se&s;&s;ions of A&s;&s;embly, and within three Months after his arrival &amp; &s;uch his report made to the Naval Officer or &s;uch other Officer legally impower'd as afore&s;aid to take the &s;ame as afore&s;aid, &s;hall export any of the &s;aid rum or wine by him imported as afore&s;aid, it &s;hall and may be lawful for every &s;uch importer by way of debenture or draw back Money to &s;tay and detain three fourth parts of &s;uch impo&s;ition; always provided that the &s;aid exporter who de&s;ireth the benefit of the &s;aid debenture or draw back &s;hall declare on his corporal Oath to be admi|ni&s;tred by the &s;aid Officer on the Holy Evangeli&s;t that the &s;aid Rum or Wine by him de&s;irous to export is part of the &s;aid Rum or Wine by him imported &amp; made report thereof as afore&s;aid, This Act to indure for three years, or to the end of the fir&s;t Se&s;&s;ions of A&s;&s;embly which &s;hall next happen after the end of the &s;aid three years.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;peedy Ju&s;tice for &s;mall Debts.</HEAD>
<P>FORASMUCH as this pre&s;ent General A&s;&s;embly haue taken into their &s;erious con&s;iderations the great damage and inconveniency accruing to the good people of this Province for the recovery of &s;mall debts by a due cour&s;e of Law in the &s;everal and re&s;pective County Courts thereof, it often happening that &s;uch Creditors rather choo&s;e to loo&s;e their ju&s;t Rights and Credits than be put to the trouble to Sue for the &s;ame, and further, it doth al&s;o appear to be no le&s;s a grievance and burthen to the debtors of &s;uch Creditors (per&s;ons for the mo&s;t part indigent and poor) who being Sued frequently pay three times more co&s;t than their original Debts amount unto, for the Redre&s;s of both partys for the future, and the immediate and &s;peedy recovery of ju&s;t Rights and prevention of the like agrievances for the time to come it is therefore prayed that it may be enacted.</P>
<P>And BE IT ENACTED by the Kings mo&s;t Ecellent Maje&s;ty by &amp; with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that no County Court within this Province &s;hall hold Plea or have Ju|ri&s;diction for the hearing, trying or determining of any Action or Actions before them brought either by Bond, Bill, A&s;&s;umption, Reckoning or Account wherein the real Debt or Damages doth not exceed the Sum of two hundred pounds of to|bacco, or &s;ixteen &s;hillings and eight pence in money, but that in all &s;uch ca&s;es it &s;hall and may be lawful for any one Ju&s;tice of the Peace within the &s;everal and re&s;pective Countys, wherein the per&s;on debtor doth re&s;ide, to try, hear and de|termin the matter of controver&s;y between them, the party and partys debtor and creditor as afore&s;aid, upon application to him made by any creditor or creditors of &s;uch debtor or debtors as afore&s;aid, and at the time of &s;uch application &s;uch Ju&s;tice is al&s;o authorized and impower'd, al&s;o will'd and requir'd to i&s;&s;ue out his Warrant and to depute &s;uch per&s;on for to execute the &s;ame as he &s;hall think fit to command and bring before him the per&s;on of &s;uch debtor or debtors, &amp; al&s;o &s;um|mons to i&s;&s;ue out for &s;uch witne&s;s or witne&s;&s;es as either Plaintif or Defendant &s;hall have occa&s;ion to make u&s;e of with power to admini&s;ter an Oath or Oaths to ei|ther Plaintif or Defendant, or to either of their Evidences as occa&s;ion &s;hall repui<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e for the better clearing of the matter in controver&s;y before him, and upon full hear|ing of the Allegations of both partys, what may or can be given upon Oath in E|vidence by both their witne&s;&s;es, to proceed as the nature of the ca&s;e &s;hall require, who&s;e determination &s;hall be &s;inal; all which &s;uch Ju&s;tice of the Peace before whom &s;uch matter of controver&s;y &s;hall be brought, &s;hall do the &s;ame without any fee or reward; and if &s;uch party or partys again&s;t whom Judgment &s;hall be given, &s;hall refu&s;e or delay to pay &s;uch debt as &s;hall be awarded again&s;t him or them, then it &s;hall and may be lawful for &s;uch Ju&s;tice of the Peace to award Executon again&s;t the &s;aid party or partys for the debt afore&s;aid, by <HI>fieri facias</HI> or <HI>capias ad &s;atisfa|ciendum</HI>
<PB N="70" REF="39">directed to the Sherrif of the County, which &s;aid Sherrif upon receit of &s;uch precept from &s;uch Ju&s;tice afore&s;aid &s;hall immediatly leavy the &s;ame upon his her or their Goods Chattols or Body, as the nature of the Writt &s;hall require, all which &s;uch Sherrif &s;hall do <HI>ex officio,</HI> &s;aving to &s;uch Sherrif his &s;ees of impri&s;onment if the party &s;hall remain in cu&s;tody twenty four hours.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, <HI>&amp;c.</HI> that in all Actions that &s;hall be brought by any per&s;on or per&s;ons in any of the County Courts of this Province after the publication of this Law, wherein upon tryal it doth appear to the Court that the ju&s;t ballance doth not exceed two hundred pounds of Tobacco or &s;ixteen Shillings and eight Pence in Money the Plaintif &s;hall be non &s;uited, and Judgment &s;hall not be given any County Court of this Province to any per&s;on or per&s;ons for any &s;uch ballances afore&s;aid, but that the Plaintif &s;hall be non&s;uited as afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid that in any action or acti|ons after the end of this Se&s;&s;ions of A&s;&s;embly that &s;hall be brought in the Provinci|al Court of this Province and upon tryal it doth appear to the Court that the ju&s;t ballance is under fifteen hundred pounds of Tobacco, or &s;ix pounds five &s;hillings in Money the Plaintif &s;hall be non&s;uited as afore&s;aid.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that his Maje&s;tys high Court of Chancery within this Province &s;hall not hear, try, determin or give Relief in any Cau&s;e or Cau&s;es wherein the original Debt or Damages doth not amount to the Sum of twelve hundred and one pounds of Tobacco or five pounds and one peny in Money but that the Judgments of the County Courts of this Province for 12 hundred pounds of Tobacco or five pound in Money &s;hall be final, any Law cu&s;|tom or u&s;uage to the contrary notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for rectifying the ill practices of the Attorneys of this Province, and a&s;certaining the Attorney General and Clerk of the Indictments Fees.</HEAD>
<P>WHEREAS by a certain Ordinance of A&s;&s;embly made at a General A&s;&s;embly held at the Port of <HI>Annapolis</HI> the twentieth day of <HI>May Anno Domini</HI> 1695. it was ordain'd that the Attorney General of this Province &s;hould have four hundred pounds of Tobacco Fee for all Actions he &s;hould bring upon Bonds taken in the name of our Sovereign Lord the King, and put in Suit in the Provincial Court of this Province to be paid by the party bound in the &s;aid Bond, and for all Criminal Cau&s;es where the Grand Jury &s;hall find the Bill in the Provin|cial Court the Attorney General to have four hundred pounds of Tobacco, and that the Clerk of the Indictments in the &s;everal and re&s;pective County Courts &s;hould have two hundred pounds of Tobacco of the Criminals where the grand ju|ry found the Bill by colour of the &s;aid Ordinance and lucre of Fees &s;everal Bonds have been put in Suit without any default, and &s;everal <HI>venires</HI> have been i&s;&s;ued before any pre&s;entment of the grand jury, or any order of the Court, &s;o that di|vers of his Maje&s;tys good Subjects of this Province have been unju&s;tly grieved, troubled &amp; mole&s;ted upon every trivial and &s;light complaint to the Atorney Gene|ral and to the &s;aid Clerks of Indictments, for preventing of which great evil for the future the Delegates of this General A&s;&s;embly do humbly pray that it may be Enacted, And</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice &amp; Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that after the end of this Se&s;&s;ions of A&s;&s;embly no Summons or other Proce&s;s for a|ny Criminal matter or mi&s;demeanor &s;hall i&s;&s;ue out of any of the Courts of this Province again&s;t any per&s;on or per&s;ons what&s;oever without a pre&s;entment be fir&s;t found again&s;t the &s;aid per&s;on or per&s;ons by the grand jury, unle&s;s by a &s;pecial or|der of Court, and if the Attorney General or any other Attorney of the Provincial Court &s;hall i&s;&s;ue forth Summons or any other Proce&s;s again&s;t any per&s;on or per|&s;ons and no pre&s;entment or order of Court appears upon the Record to ju&s;tify the &s;ame, the &s;aid Attorney &s;o offending &s;hall forfeit and pay for &s;uch his offence the Sum of five thou&s;and pounds of Tobacco, the one half to his Sacrad Mai<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">&s;ty to|wards the defraying of the publick Leavy of this Province, the other half to the party grieved, or him or them that &s;hall inform or &s;ue for the &s;ame, to be recover'd in the Provincial Court of this Province by Bill, Plaint or Information, and if any
<PB N="71" REF="39">Clerk of Indictments in any of the County Courts of this Province, or any other Attorney practi&s;ing in the &s;aid Courts &s;hall i&s;&s;ue forth any &s;ummons or other pro|ce&s;s again&s;t any per&s;on or per&s;ons for any Criminal, matter or mi&s;demean or with|out pre&s;entment be found fir&s;t by the grand jury again&s;t the &s;aid per&s;on or por&s;ons or &s;pecial order of Court appearing upon Record to ju&s;tify the &s;ame, the &s;aid Clerk of Indictments or other Attorney &s;o offending &s;hall forfeit and pay for &s;uch his of|fence the Sum of two thou&s;and five hundred pounds of Tobacco, the one half to his Maje&s;ty towards the defraying the County Leavy, the other half to the party grieved or to him or them that &s;hall inform or &s;ue for the &s;ame, to be recovered in any Court of this Province, wherein no E&s;&s;oyn or Protection &s;hall be allowed. Nei|ther &s;hall the party offending have any Appeal or Writ of Error, but the judgment of the County Court &s;hall be definitive therein, and if the Clerk of the Provincial Court of this Province, or any of the Clerks of the County Courts of this Province &s;hall i&s;&s;ue out &s;ummons or other proce&s;s in criminal cau&s;es without an order for the &s;ame, under the hand of an Attorney practi&s;ing in the &s;aid Court or Courts to ju&s;tify the &s;ame, the &s;aid Clerk or Clerks &s;o offending &s;hall be lyable to the &s;ame forfeitures and penaltys of Attorneys &s;o offending, and the &s;aid forfeitures to be recovered and go to the u&s;e afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that the Attorney Gene|ral of this Provincel &s;hall not recover nor receive any fee for any Navigation Bond put in Suit, either where the certificate was before the Suit of the &s;aid Bond lodg'd in the Secretarys Office of this Province, or where it can be prov'd that he knew there was &s;uch certificate return'd, neither &s;hall the &s;aid Attorney General receive or have any fee for any Bond taken for Countrey dues, where the &s;aid Bond appears not to be forf cited, which was the true intent and meaning of the &s;aid Ordinance of A&s;&s;embly, and if the &s;aid Attorney General after the end of this Se&s;&s;ions of A&s;|&s;embly &s;hall &s;ue any Bond taken contrary to Act of Parliament, or any Bond taken for Country dues, &amp; no Bills of Exchange appearing prote&s;ted, nor no other failure to forfeit the &s;aid Bond, or where the certificate is returned into the Secretarys of|fice appointed for keeping the &s;ame, any of which ca&s;es appearing to the Provin|cial Court, the &s;aid Attorney General &s;hall not only loo&s;e his &s;ee but pay the hon|ourable Secretarys fees and what other charges the party hath been out in defend|ing the &s;ame, to be adjudged by the Provincial Court; and whereas &s;everal per|&s;ons have been &s;ued in his Maje&s;tys Name for a certain Sum, without ever menti|oning for what the &s;aid Bond was taken, &s;o that the &s;aid per&s;ons do not know what cour&s;es to take or whom to apply them&s;elves to. The refore</P>
<P>Be it further Enacted by the Authority afore&s;aid, that when any Writt is i&s;&s;ued forth upon a Bond taken in his Maje&s;tys name it &s;hall be indor&s;ed on the back&s;ide as followeth, if a Navigarion Bond, for whom the per&s;on was bound and in what year, if a Sherrifs Bond, at who&s;e reque&s;t and prayer it was &s;ued, or Bond taken in any of his Maje&s;tys Offices in this Province it &s;hall be indor&s;ed at who&s;e reque&s;t it was &s;ued, and for want of &s;uch indor&s;ment the Writt &s;hall abate, and the party grieved &s;hall recover his co&s;t again&s;t the Attorney that &s;ued forth the &s;aid Writt.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that upon any pre&s;ent|ment of the grand jury upon the breach of any of the penal Laws of this Province, &s;ave that for &s;uppre&s;&s;ing of Criminals and trying of them in the County Court if the party pre&s;ented confe&s;&s;es his crime and &s;ubmits to the Court the Clerk of the In|dictments &s;hall have his fee for the &s;ame, but if the party traver&s;e and puts him&s;elf upon a jury, then the laid Clerk to have two hundred pounds of Tobacco fee, and that upon any pre&s;entment grounded upon the Law for &s;uppre&s;&s;ing Criminals up|on any Statute of <HI>England,</HI> if Bill be found by the grand Jury, the Clerk of the In|dictments &s;hall have two hundred pounds of Tobacco fee, and that upon pre&s;ent|ment found in the Ptovincial Court the Attorney General to have four hundred pounds of Tobacco fee.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act of directions for the Sherrifs Office in this Province.</HEAD>
<P>FORASMUCH as great complaint hath been made by many the inha|bitants of this Province, that great &amp; many inconveniencys have happened and for the future may happen and accrew to Merchants and other per&s;ons trade|ing into or inhabiting in this Province, who have &s;everal debts and Sums of To|bacco
<PB N="72" REF="40">due unto them from &s;everal per&s;ons in this Province, who for &s;atisfaction of their &s;aid debts have paid away and delivered to their &s;everal creditors &s;everal quantitys and hog&s;heads of Tobacco, and &s;uch hog&s;head or hog&s;heads of Tobacco have been received marked and nailed by &s;uch Merchants or others trading into or re&s;iding within this Province as afore&s;aid, &amp; thereupon the &s;aid creditors have delivered up unto their &s;aid debtors their Bills or other Specialtys given for &s;ecu|rity of the &s;aid debts, or otherwi&s;e the &s;aid debtors have procured relea&s;es and di&s;|charges for the &s;aid debts. Yet notwith&s;tanding afterwards the Sherrif of &s;uch County upon pretence of publick debt due from the &s;aid per&s;ons debtors have &s;ei|zed the &s;aid creditors Tobacco &s;o received, marked and nailed as afore&s;aid and ly|ing in the &s;aid debtors tobacco hou&s;es, and by that means the &s;aid creditors are left without remedy for recovery of the &s;aid debt again to the great di&s;courage|ment of trade and prejudice of &s;uch creditors, for prevention whereof for the future the Delegates of this pre&s;ent General A&s;&s;embly do pray that it may be enacted,</P>
<P>And BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that any per&s;on or per&s;ons what&s;oever Merchants or others within this Province, that have at any time within twelve months la&s;t pa&s;t receiv'd markt and nailed, or for the fvture &s;hall receive, mark or nail any hog&s;head or hog&s;heads of tobacco within this Province of any per&s;on or per&s;ons debtors within the &s;ame, and which hath been paid and delivered to them for &s;atisfaction of their &s;aid debts and &s;uch Merchant or others have upon reseit, marking and nailing &s;uch hog&s;head or hog&s;heads of tobacco delivered up their Bills or other &s;ecurity to their re&s;pective debtors of their &s;aid debts, o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> if the &s;aid Merchants or others have given relea&s;es or di&s;charges to their &s;aid debtors of the &s;aid debt &amp; that before the &s;aid Merchant or others could remove the &s;aid hog&s;head or hog&s;heads of tobacco from the &s;aid debtors tobacco hou&s;es, if any Sherrif &s;hall come and &s;eize &s;uch tobacco &s;o markt and nailed as afore&s;aid, that then and in every &s;uch ca&s;e, if the party refu&s;e to make &amp; give to the &s;aid Creditors &s;ome other full &s;atisfaction for their &s;aid debts, it &s;hall and may be lawful for any two of his Maje&s;tys Ju&s;tices of the re&s;pective Countys within this Province upon due proof thereof made before them of the &s;aid debt and Sherrifs &s;eizure as afore&s;aid, and the party debtor refu&s;ing to make that full &s;atisfaction to their Creditors for their &s;aid debts at the &s;aid Creditors reque&s;t to award him Execution with Co&s;t, &s;uch Co&s;t not exceeding one hundred pounds of tobacco again&s;t the Body Goods and Chattels of &s;uch debtor, to be executed by the Sherrif for &s;atisfaction of the creditors ju&s;t debt and co&s;t as afore&s;aid, in as full and ample manner as if the debt was recovered by due cour&s;e of Law.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that no Sherrif, under Sherrif or Deputy that &s;eize any tobacco un&s;tript, nor &s;eize or mark any merchant or other tobaco received marked and nailed as afore&s;aid for any cau&s;e what&s;oever but only for Leavys, and the &s;everal Sherrifs are hereby impowered to break the Lock of any tobacco hou&s;e or other hou&s;es where tobacco is or &s;hall be &s;ecured with de&s;ign to prevent the &s;aid Sherrif from &s;eizing &s;uch tobacco for publick leavys and any Sherrif &s;o &s;eizing and marking any hog&s;head or hog&s;heads of tobacco con+taining more than what is ju&s;tly due to the publick for Leavys, without making &s;a|tisfaction to the per&s;on whom &s;uch tobacco doth belong, as by giving credit, or &s;uffering him to take the overplus out of &s;uch hog&s;head of tobacco, at the choice of the party paying or owing the &s;ame, &s;hall pay for every &s;uch default the &s;um of two thou&s;and pounds of tobacco, one half to his Maje&s;ty for &s;upport of Go|vernment, the other half to the party grieved, to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint or Information, where|in no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And if it &s;hall &s;o happen that any time any Sherrif &s;hall &s;eize any hog&s;head of tobacco which &s;hall weigh more than &s;uch Leavy or Leavys &s;hall amount unto, if the remaining part due to the party or partvs from whom they &s;hall receive &s;uch Leavy or Leavys be the greater quantity, then and in every &s;uch ca&s;e the &s;aid Sherrif or Sherrifs &s;hall take out of the &s;aid hog&s;head &s;uch quantity or quanti|tys of tobacco due to him for &s;uch leavy or leavys, and the &s;aid hog&s;head and the remaining part of the tobacco &s;hall be and remain with the party or partys paying the &s;ame, but if the remaining part of &s;uch hog&s;head of tobacco &s;o &s;eized as afore|&s;aid and belonging to the party or partys paying the &s;ame &s;hall be the le&s;s quanti|ty
<PB N="73" REF="40">than is due to the &s;aid Sherrif or Sherrifs for leavys as afore &s;aid, then and in every &s;uch ca&s;e the owner or owners of &s;uch tobacco &s;hall take our the overplus of &s;uch tobacco, &amp; the hog&s;head with the remaining part &s;hall belong to &s;uch Sherrif or Sherrifs receiving the &s;ame.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that no Sherrif within this Province &s;hall take, exact or receive of or from any per&s;on what&s;oever Fees, Sallary, Gratuity or Reward for &s;erving any Writt, Warrant or Precept from the Governour and Gouncil, or from any Ju&s;tice of the Peace, or for doing any other thing in any of the Courts of Record upon any Suit or Suits in Criminal Cau&s;es but the &s;everal Sherrifs are hereby injoyn'd to execute the &s;ame <HI>ex officio.</HI> And e|very Sherrif offending &s;hall forfeit the &s;um of one thou&s;and pounds of tobacco for every &s;uch offence, the one half to his Maje&s;ty his Heirs and Succe&s;&s;ors for the &s;upport of Government, the other half to the party grieved, to be recovered in a|ny Court of Record within this Province by Action of Debt Bill Plaint or Infor|mation, wherein no Effoyn Protection or Wager of Law to be allow'd.</P>
<P>And whereas many letigious per&s;ons have, and for the future may commence Actions of Tre&s;pas upon the Ca&s;e rather out of &s;pight and malice than any real cau&s;e of Action and not &s;etting forth in the original Writt the cau&s;e of &s;uch Action, yet lay damage to a va&s;t &s;um to deter per&s;ons from being Bail thereto, for pre|vention whereof for the future.</P>
<P>Be it Enacted by the Authority afore&s;aid, that in all Actions of Tre&s;pas upon the Ca&s;e where damages are laid to be above four thau<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">and pounds of tobacco, if no Declaration be &s;ent with the Writt expre&s;&s;ing the true cau&s;e of Action, the Sher|rif &s;hall not require a Bail Bond exceeding the &s;um of eight thou&s;and pounds of to|bacco, altho' the damage be laid in the Writt for any greater &s;um what&s;oever, &amp; any Sherrif offending herein &s;hall forfeit the &s;um of four thou&s;and pounds of tobac|co, the one half thereof to his Maje&s;ty his Heirs and Succe&s;&s;ors towards the &s;up|port of Government, the other half to the party grieved, to be recovered in any Court of Record within this Province by Action of debt bill plaint or information, wherein no e&s;&s;oyn protection or wager of Law to be allowed.</P>
<P>And to the end that publick Creditors may be &s;peedily &s;atisfied their debts due from the publick, Be it Enacted by the Authority afore&s;aid, that every publick Creditor in this Province &s;hall be at his election to make application to the Gover|nour of this Province for the time being to put &s;uch Sherrifs Bond or Bonds in &s;uit or otherwi&s;e may imediatly have an action of debt again&s;t &s;uch Sherrif in the County where the fact ari&s;eth for &s;uch publick tobacco as &s;hall be due to &s;uch cre|ditor</P>
<P>And to the end that no officer or other per&s;on may be &s;urpri&s;ed or unju&s;tly mo|le&s;ted either upon the account of payment or collection of publick dues, Be it likewi&s;e Enacted, that no per&s;on or per&s;ons having publick tobacco to them due, or fees in any Sherrifs hands to collect, and that do not &s;ignify to &s;uch Sherrif or Sherrifs their dependance and re&s;olution of making u&s;e of the &s;ame on or before the <HI>25th</HI> day of <HI>December</HI> in the year the &s;ame &s;hall to him or them be due, &s;hall have take or demand any benefit or advantage by this Act allowed for that pre|&s;ent year and &s;o every year &s;ucce&s;&s;ively, nor &s;hall the Sherrif of any the re&s;pective Countys leavy by way of Execution for any publick dues or officers fees, or from any the inhabitants within this Province where they have not made a demand thereof at or before the <HI>20th</HI> day of <HI>January</HI> for that pre&s;ent year, and &s;o every year &s;ucce&s;&s;ively.</P>
<P>And where any per&s;on having publick tobacco or fees in &s;uch Sherrifs hands &amp; have made their demand thereof as afore&s;aid, or the &s;aid Sherrif demanded any publick dues or officers fees of the re&s;pective inhabitants within his Baily wick within the times before limited, &s;uch demandant &s;hall be obliged to take the fame and di&s;charge &s;uch debtor, for &s;uch and &s;o much as &s;hall be by him received, and on refu&s;al of receiving thereof, the &s;aid tobacco &s;o intended to be paid as afore|&s;aid, being viewed and found merchantable by two hone&s;t Men of the neighbour|hood &s;hall be weighed and marked for the u&s;e of &s;uch demandant, and be a &s;uffici|ent discharge to the per&s;on or per&s;ons paying the &s;ame for &s;o much as the &s;ame did amount unto, provided the &s;ame be tendred on or before the tenth day of <HI>April,</HI> otherwi&s;e &s;uch tobacco to lie at the ri&s;que of the Sherrifs or others intending to re|ceve advantage hereby, any thing herein contained to the contrary notwith&s;tand|ing.</P>
<PB N="74" REF="41">
<P>And Be it al&s;o Enacted by the Authority afore&s;aid, that no Sherrif within this Province have in his hands any publick officers fees to collect &s;hall pre&s;ume to leavy by Execution on any the inhabitants within this Province any fees to him committed to collect, where the per&s;on or per&s;ons from whom &s;uch fees ap|pear to be due produce the former Sherrifs receit, or otherwi&s;e make appear pay|ment of the &s;ame, under forfeiture and penalty of treble the &s;um, executed to the party or partys grieved, to be recovered with co&s;t in any Court of Record within this Province by Bill Plaint or Information, wherein no E&s;&s;oyn Protection or wa|ger of Law &s;hall be allowed.</P>
<P>And forasmuch as Sherrifs Bonds have of late years been u&s;ually taken in the County Courts for the better conveniency of the Sherrifs getting &s;ecurity without any certain form thereof pre&s;cribed.</P>
<P>Be it therefore Enacted, that all Sherrifs Bonds hereafter to be taken through|out this Province to be made in manner and form following.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="oath">
<HEAD>Maryland &s;&s;.</HEAD>
<P>KNOW all Men by the&s;e pre&s;ents that we A B &amp;c. of the County of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> in the Province afore&s;aid Gent' are holden and firmly bound unto our Sovereign Lord King <HI>William &amp;c.</HI> in the full &s;um and ju&s;t quantity of two hundred thou&s;and pounds of good &s;ound merchantable leaf tobacco and cask, to be paid to his &s;aid Maje&s;ty his heirs and &s;ucco&s;&s;ors, to the which payment well and truly to be p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ie we binde our &s;elves and either of us, our and either of our Heirs Executors and Admini&s;trato jointly and &s;everally for the whole and in the whole firmly by the&s;e pre&s;ents as witne&s;s our hands and &s;eals the &leftblank; day of &leftblank; in the &leftblank; year of his Maje&s;tys Reign Anno&abque; Domini</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>THE CONDITION of the above Obligation is &s;uch, that if the above bounden A. B. do well and truly &s;erve his &s;aid Maje&s;ty his heirs and &s;ucce&s;&s;ors in the office of high Sherrif of the &s;aid County of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> within this Province afore|&s;aid, and al&s;o &s;hall render unto his &s;aid Maje&s;ty and other his &s;aid Officers a true faithful and perfect account of all and &s;ingular his &s;aid Maje&s;tys Rights and Dues and to his Officers a true and ju&s;t account of their fees, that he &s;hall or may be in|tru&s;ted with, by his Maje&s;tys Governour and other his Officers within this Pro|vince afoire&s;aid to receive and collect, and his account to his &s;aid Maje&s;ty his heirs and &s;ucce&s;&s;ors, or to his or their Goaernour here for the time being for the &s;ines and forfeitures and other dues belonging to his &s;aid Maje&s;tys Government, as al&s;o his account of all fees, dues or &s;ums of money or tobacco for leavys or fees due to any his Maje&s;tys Officers and other good people within this Province, &s;hal pa&s;s an account for by the tenth day of <HI>April</HI> next en&s;uing the date hereof, and in all other things as Sherrif of the &s;aid County of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;hall behave him&s;elf well and hone&s;tly towards all per&s;ons, according to the be&s;t of his power, skill and knowledge, then this obligation to be void and of no effect, or elce to &s;tand in full force &s;trength and vertue.</P>
<P>Which &s;aid Bond when taken in form afore&s;aid, if by the County Court the Commi&s;&s;ioners thereof &s;hall tran&s;mit the &s;ame into the Secretarys Office together with all former Sherrifs Bonds by them taken, and the &s;aid Commi&s;&s;ioners are hereby required and injoyned to take new &s;ecurity yearly, and every year, of &s;uch Sherrifs &s;o long as they &s;hall continue in the &s;aid Office, having e&s;pecial regard not to admit any per&s;on to be &s;ecurity as afore&s;aid but &s;uch as are good and &s;ub|&s;tantial Frecholders within their County, and al&s;o to make the obligation of &s;uch Bond &s;o to be taken from any Sherrif an&s;werable to the publick charge of their re|&s;pective Countys. And for incouragement of &s;uch per&s;ons now bearing or that &s;hall hereafter bear the office of Sherrif and who &s;hall punctually comply with the publick Creditors, it is al&s;o hereby further Enacted, that it &s;hall and may be law|ful for his Maje&s;tys Governour for the time being where no ju&s;t complaint is made again&s;t &s;uch Sherrif to continue and make good their Commi&s;&s;ion for the time and term of three years &s;ucce&s;&s;ively but no longer.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="75" REF="41">
<HEAD>An Act prohibiting the inhabitants of this Province or any others from carring Liquors to the Indian Towns.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from &amp; after the publication hereof any per&s;on or per&s;ons what|&s;oever inhabiting or trading into this Province, that &s;hall pre&s;ume to carry any li|quors what&s;oever to any Indian Fort or Town, or within three miles of &s;uch <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> or Town, and &s;hall vend or di&s;po&s;e of the &s;ame to any Indian or Indians what&s;o|ever, &s;uch per&s;on or per&s;ons &s;hall forfeit the &s;um of five thou&s;and pounds of <GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters">|co, one half thereof to our Sovereign Lord the King his Heirs and succe&s;&s;ors to|wards the Support of Government, the other half to him or them that <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">al in|form or &s;ue for the &s;ame, to be recover'd in any Court of Record within this Pro|vince, wherein no E&s;&s;oyn Protection or wager of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Summoning grand and petty Juries.</HEAD>
<P>WHEREAS by Law it appears to be the indubitable Right and Proper|ty of the Kings Maje&s;tys-Subjects throughout all his Maje&s;tys Domini|ons in all ca&s;es, either <HI>meum</HI> and <HI>tuum</HI> or Criminal matters to be tried by their e|quals, that is a grand and petty Jury. And for that the con&s;titution of this his Maje&s;tys Province will not admit of &s;uch ways and methods as is practi&s;ed in the Kingdom of <HI>England</HI> by rea&s;on of the &s;mall number of inhabitants, &amp; divers other impediments not to be avoided.</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the chief Clerk of the Provincial Court &s;hall i&s;&s;ue out &s;everal Writts of <HI>venire facias</HI> for two good and lawful Men Freeholders to &s;erve upon a grand Jury for the Body of this Province, and &s;everal other the like Writts of <HI>venire facias</HI> for three like good and lawful Men to &s;erve upon petty Ju|ries, which Writts of Summons &s;hall be directed to the high Sherrifs of each re-Countys in this Province, by vertue of which &s;aid Writts the &s;aid Sherrifs &s;hall 20 days at lea&s;t before the Provincial Court at which the &s;aid Jurors &s;hall &s;erve &s;um|mons and give notice to the &s;aid party and partys, that they be and appear as by the Writts of Sumons &s;hall be directed, (Ju&s;tices of the Peace and Delegates all|ways excepted) and for default hereof, the Sherrif &s;o offending &s;hall forfeit and pay a Fine of one thou&s;and pounds of tobacco, and each party &s;o &s;ummoned and refu&s;ing to &s;erve and not appearing at the time and place appointed &s;hall forfeit and pay a fine of five hundred pounds of tobacco, and if it &s;o happen by ca&s;ualty or by accident that there &s;hall not appear a &s;ufficient number for a grand Jury legally &s;ummoned, then the number to be made good and compleated by the high Sherrif attending the &s;aid Court of other per&s;ons by &s;tanders of the &s;ame County if any be pre&s;ent, but if none pre&s;ent, of the next adjacent County legally qualified to &s;erve as afore&s;aid, and upon refu&s;al they &s;hall be &s;ubject to the like fines as afore&s;aid, &amp; for &s;uch their &s;ervice &amp; attendance of the grand Jury at each Court they &s;hall have an allowance of three thou&s;and pounds of tobacco out of the publick Revennue of this Province towards the de fraying of their charges and expences.</P>
<P>And it is hereby further Enacted by the Authority afore&s;aid, that the high Sher|rifs of each and every re&s;pective County in this Province are hereby authorized &amp; impowered to &s;ummon a &s;ufficient number of Frecholders, good &amp; lawful Men to &s;erve on a grand Jury in the County Courts of this Province twice yearly at the lea&s;t, that is to &s;ay at <HI>March and November</HI> Court, and oftner if need require, at the di&s;cretion of the Ju&s;tices of the &s;aid Countys, and to &s;ummon the &s;aid grand Jurors at lea&s;t ten days before each Court, for which Service the Ju&s;tices of each re&s;pective County Court &s;hall and are hereby impowered to make &s;uch rea&s;onable Allowance as to them &s;hall &s;eem meet, not exceeding the &s;um of four hundred pounds of tobacco each court &amp; the &s;aid Seerrifs neglecting their office &amp; duty here|in as afore&s;aid, &s;hall for every &s;uch offence forfeit and pay the &s;um of five hundred pounds of tobacco, and the party or partys &s;o refu&s;ing to &s;erve when legally &s;um|moned &s;hall forfeit and pay the &s;um of two hundred and fifty pounds of tobacco,
<PB N="76" REF="42">&amp; the &s;aid fine to be leavied upon all petty Jury Men legally &s;umoned who &s;hall be legally qualified as afore in this Act recited and provided.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that all and every the Fines and Forfeitures that &s;hall fall or accrew by vertue of this before recited Act &s;hall be paid to our Sovereign Lord the King his Heirs and Succe&s;&s;ors for the Support of Go|vernment, any Law Statute or Cu&s;tom to the contrary notwith&s;tanding. This Act to indure fot three years, or to the end of the next Se&s;&s;ions of A&s;&s;embly which &s;hall fir&s;t happen.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for taking &s;pecial Bail in the &s;everal Countys in this Province, upon Actions and Suits depending in his Maje&s;tys Provincial Court.</HEAD>
<P>FOR the greater ea&s;e &amp; benefit of all per&s;ons inhabiting &amp; re&s;iding within this Province in taking Recognizances of &s;pecial Bail in all Actions &amp; Suits de|pending or to be depending in his Maje&s;tys Provincial Court of this Province.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that when &s;pecial Bail is required by the Provincial Court by the Plaintifs Attorney at the calling over of the appearance Docket, and that the Court doth rule that &s;pecial Bail &s;hall be given, and the partys again&s;t whom the rule is that he &s;hall give &s;pecial bail be pre&s;ent, the party defendant &s;hall then and there give &s;pecial bail in open Court, and &s;hall be deemed to be in the cu&s;tody of the Sherrif that arre&s;ted him in that Action till he give &s;pecial bail as afore&s;aid is required, but if the &s;aid party defendant be not able at the &s;aid Provincial Court then and there to procure &s;pecial bail, yet the &s;aid party &s;hall remain and be in cu&s;tody of the &s;ame Sherrif that arre&s;ted him, and by him in &s;afe cu&s;tody kept and guarded, and carried back into the County where the Defendant was arre&s;ted, and there in &s;afe cu&s;tody kept until he can procure &s;uch &s;pecial bail, but if the &s;aid party again&s;t whom &s;uch rule is that &s;pecial bail &s;hall be given be not pre&s;ent at the Provincial Court, then the Sherif of that County where the &s;aid party defendant was are&s;ted may and &s;hall by vertue of &s;uch rule afore&s;aid for &s;pecial bail to be given take the party into his cu&s;tody again, and there keep till he can procure &s;pecial bail accor|ding to the rule of Court; And for the greater ea&s;e of making &amp; taking Recogni|zances of &s;uch &s;pecial bail, it &s;hall and may be lawful for any per&s;on that &s;hall be by his Maje&s;tys Commi&s;&s;ion appointed one of the Ju&s;tices of the Provincial Court of this Province within &s;uch County where &s;uch Ju&s;tice of the Provincial Court &s;hall inhabit, &amp; in ca&s;e of death or ab&s;ence of &s;uch Ju&s;tice of the Provincial Court then it &s;hall be lawful for the Pre&s;ident of the County Court to take &amp; receive all and every &s;uch Recognizance or Recognizances of Bail or Bails as any per&s;on or per&s;ons &s;hall be willing or de&s;irous to acknowledge or make before him in his County, in any Action or Suit depending or hereafter to be depending in the &s;aid Provincial Court; which Recognizance &s;hall be taken in manner and form as fol|loweth, <HI>viz.</HI></P>
<Q><P><HI>J: Doe.</HI> Plft' I You A: B. and C: D. and either of you do undertake for the again&s;t I &s;aid R: Roe: Defendant in &mdash; pounds of tobacco to</P>
<P><HI>R: Roe</HI> Deft' I be leavied on your and either of your Lands and Tenements, Goods and Chattels to the u&s;e of the &s;aid J: Doe the Plaintif, upon condition that if the &s;aid J:&mdash; D.&mdash; obtain Judgment in an Action of Debt or Tre&s;pas upon the ca&s;e depending in the Provincial Court again&s;t the &s;aid R:&mdash; R.&mdash; the Defendant, that then the &s;aid R,&mdash; R.&mdash; &s;hall pay the condemnation, or deliver him&s;elf to the pri&s;on of our Sovereign Lord the King or you will do it for him, they acknow|ledge them&s;elves to be content therewith, this &mdash; day of &mdash; before me &leftblank;</P></Q>
<P><NOTE PLACE="marg">To the honourable Ju&s;tices of the Provincial Court.</NOTE>Which &s;aid Recognizance or Recogninances of Bail or Bail Prizes &s;o taken as afore&s;aid, &s;hall be tran&s;mit|ted to the Ju&s;tices of the &s;aid Provincial Court at the next Provincial Court &s;itting when and where &s;uch Action or Suit &s;hall be depending; which Recognizance or Recognizances of Bail Prizes &s;o taken as afore&s;aid, the &s;aid Court &s;hall receive up|on payment of &s;uch Fees as have been u&s;ually received for the taking of &s;uch &s;pe|cial Bail by the Officers of the &s;aid Court, and &s;hall be of like force and effect as if the &s;ame were taken <HI>de bene e&s;&s;e</HI> before the Ju&s;tices of the &s;aid Provincial Court
<PB N="77" REF="42">during their &s;itting, for taking of every &s;uch Recognizance or Recognizances of Bail or Bail Prizes, &s;uch Ju&s;tices of the Provincial Court, or Pre&s;ident of the County Court that &s;hall take &s;uch Bail, &s;hall receive only the &s;um of five &s;hillings and no more.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that the Ju&s;tices of the Provincial Court &s;hall make &s;uch rules and orders for the ju&s;tifying of &s;uch Bails and making the &s;ame ab&s;olute as to them &s;hall &s;eem meet, &s;o as the Cognizer or Cognizors of &s;uch Bail or Bails be not compelled to appear in per&s;on in the Pro|vincial Court to ju&s;tyfie him or them&s;elves.</P>
<P>And it is hereby further Enacted by the Authority afore&s;aid, that &s;uch Ju&s;tices of the Provincial Court before whom any Recognizance of Bail may happen to be taken, &s;uch Ju&s;tice hath and power is hereby given him to examin the Suretys up|on Oath touching the value of their re&s;pective E&s;tates if occa&s;ion &s;hall require, a|ny Law u&s;uage cu&s;tom orpractice notwith&s;tanding.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the Con&s;tables taking a Li&s;t of Taxables.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by &amp; with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the publication hereof every Con&s;table within this Province &s;hall at or before the 20th. day of June in every year re&s;pectively repair in per&s;on to every re&s;pective hou&s;e or habitation within his hundred, and there require of the Ma&s;ter, Mi&s;tre&s;s, Dame or other chief per&s;on of the Family a true Li&s;t from under their hands of all their taxable per&s;ons they and every of them have within their re&s;pective Familys, out of which Li&s;t the &s;aid Con&s;table &s;hall make two fair fair Li&s;ts under his hand, and one he &s;hall &s;end to the Sherrif of the County, and the other he &s;hall pre&s;ent to the next County Court to be &s;et up, and if in ca&s;e any Ma&s;ter, Mi&s;tri&s;s, Dame or other chief per&s;on of a Family &s;hall refu&s;e or deny to give &s;uch Li&s;t, or in their ab&s;ence leave at their dwelling hou&s;es or quar|ters &s;uch a Li&s;t and Account of their taxable per&s;ons of their &s;everal Familys, or in the &s;aid account &s;hall conceal any taxable per&s;on or per&s;ons in his or their Fa|mily, for every &s;uch offence not giving a true li&s;t and account of them to the Con|&s;tables by the time required, and for every taxable per&s;on by them concealed &s;hall forfeit and pay for every &s;uch offence the &s;um of five hundred pounds of tobacco for every per&s;on &s;o by him or them concealed, &amp; every Con&s;table neglecting his office herein, &s;hall forfeit and pay the &s;um of five hundred pounds of tobacco for e|very &s;uch offence, one half thereof to his Maje&s;ty his Heirs and Succe&s;&s;ors for the Support of Government, the other half to the informer or him or them that will &s;ue for the &s;ame, to be recovered in any Court of Retord within this Province, wherein no E&s;&s;oyn Protection or wager of Law to be allowed.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, <HI>&amp;c.</HI> if any inhabitant within this Province, &s;hall from the time herein appointed for taking the li&s;t of taxables, on the la&s;t day of July purcha&s;e any taxable per&s;on or per&s;ons, he or &s;he &s;hall with all convenient &s;peed give notice of the &s;aid taxable or taxables to the Con&s;table of the &s;aid hundred, who is hereby injoyned to give account to the next County Court, and to the end that no per&s;on for the future may be ignorant what per&s;ons are taxables and what not.</P>
<P>Be it Enacted by and with the Advice and Con&s;ent afore&s;aid, that all Male Children born within this Province and re&s;ident in it &s;hall be taken and accounted taxables at the age of &s;ixteen years and upwards, and all Male Children Servants imported into this Province at the age of &s;ixteen years and upwards &s;hall be ac|counted taxables, and all Slaves what&s;oever either Male or Female imported into or born in this Province at or above the age of &s;ixteen years &s;hall be accounted taxables and &s;o rated, and that all Freemen within this Province (except Clergy Men and likewi&s;e &s;uch poor impotent per&s;ons that receive Alms from the county) &s;hall be accounted taxables being above the age of &s;ixteen years.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="78" REF="43">
<HEAD>An Act for the due Recording of all Laws of this Province in the Secretarys Office, as al&s;o tran&s;mitting the Journal of the hou&s;e of Delegates into the Secretarys Office.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the Secretary of this Province in who&s;e cu&s;tody the Records re|main, do at or before the tenth day of March next cau&s;e all &s;uch Laws and Acts of A&s;&s;embly as &s;hall be of force at the end of this pre&s;ent Se&s;&s;ions of A&s;&s;embly to be entred upon Record in a large new Book of a large Folio and good and &s;ub|&s;tantial Paper well bound, either in Leather or Parchment to be writt in a fair legi|ble hand, as al&s;o all other Laws hereafter to be made within &s;ix Months after any Se&s;&s;ions of A&s;&s;embly that &s;hall hereafter happen, to be kept in the Secretarys Of|fice onely, and al&s;o cau&s;e the &s;ame to be examined by the orignal Acts, to which the Governour has affixed the broad Seal, and the &s;ame &s;o entred &s;hall be &s;igned by the Honourable the Secretary and &s;ealed with the le&s;&s;er Seal, and that his Ho|nour the Secretary cau&s;e a Li&s;t or Catalogue of the &s;aid Laws to be entred in the &s;aid Book, and an Index or Table directing to every Act in the &s;ame, and in de|fault thereof by the time afore&s;aid, &s;hall pay as a Fine for the &s;ame the &s;um of ten thou&s;and pounds of tobacco, to be recovered in his Maje&s;tys name, the one half to his Maje&s;ty for the &s;upport of Government, the other half for him or them that &s;hall &s;ue for the &s;ame, and when the &s;ame is written and done, the &s;aid Secretary &s;hall at the next General A&s;&s;embly be allowed and paid out of the publick Leavy &s;o much as the &s;aid Secretary &s;hall rea&s;onably de&s;erve.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that the Clerk of the Hou&s;e of Delegates for the time being tran&s;cribe the Journal of the &s;aid Hou&s;e within two Months after the Prorogation or Di&s;&s;olution of any A&s;&s;embly now held or to be held hereafter, upon penalty of five hundred pounds of tobacco, to be for|feited and paid to our Sovereign Lord the King one half of which Fnes for the &s;up|port of Government, and the other half to him or them that &s;hall &s;ue for the &s;ame, to be recovered in any Court of Record within this Province by Bill, Plaint or In|formation, wherein no E&s;&s;oyn Protection or wager of Law to be allowed.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ecuring Merchants and others tobacco after they have received it.</HEAD>
<P>BE ITENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the publication hereof every Hou&s;ekeeper and In habitant within this Province having a Plantation whereon he maketh or cau&s;eth to be made any tobacco, &s;hall build and erect, or otherwi&s;e &s;it up and make ready a good right Hou&s;e, with a good Door Lock and Key upon every Platation where &s;uch tobacco is made as afore&s;aid, and &s;ufficient to contain the tobacco made on e|very Plantation.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that every Inhabitant or Hou&s;ekeeper as afore&s;aid, having a Plantation whereon he maketh or cau&s;eth to be made any tobacco as afore&s;aid, and that &s;hall pay away and di&s;po&s;e of any to|bacco to any Merchant, Ma&s;ter of &s;hip or Sailor or any other per&s;on what&s;oever, &s;hall notwith&s;tanding &s;uch di&s;po&s;ure or payment, &s;ecure and keep the &s;aid tobacco as he would do his own proper Goods for and during the &s;pace of one whole year, commencing from the time of receiving the tobacco and no longer; and if any to|bacco &s;o received as afore&s;aid for the want of &s;uch hou&s;e as afore&s;aid &s;hould be damnified or &s;tole, the per&s;on neglecting to provide &s;uch hou&s;e &s;hall make &s;atis|faction to the party that received the &s;ame.</P>
<P>Provided always that nothing in this Act contained &s;hall be con&s;trued meant &amp; intended to make any Inhabitant or Hou&s;ekeeper lyable to any damage which &s;hall or may happen to any tobacco &s;o le&s;t with him to keep &s;ecure through any other ca&s;uality what&s;oever.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB N="79" REF="43">
<HEAD>An Act for regulating of Ordinarys, and limitting the number of them within this Province.</HEAD>
<P>FOR the better regulating Ordinarykeepers &amp; Inholders within this Province for the future BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Au|thority of the &s;ame, that from and after the publication hereof, the Commi&s;&s;ioners of each County Court and the Mayor Recorder and Aldermen of the City of St <HI>Marys</HI> at the Mayors Court, be and are hereby impowered and authorized from time to time as often as need &s;hall require to grant Licences to &s;uch per&s;on &amp; per|&s;ons as they &s;hall think &s;it to be Ordinarykeepers and Inholders for the keeping of Ordiuarys and hou&s;es of entertainment, &s;o long time as is &s;uch and &s;o many places within their &s;everal and re&s;pective Countys and City afore&s;aid, for the ea&s;e and conveniency of the Inhabitants, Travellers and Strangers as to them re&s;pect|ively &s;hall &s;eem meet, for which Licences the &s;aid per&s;ons that &s;hall be &s;o licen&s;ed to keep Ordinarys, except all &s;uch per&s;ons as &s;hall keep Ordinary or Ordinarys in the Port of <HI>Annapolis</HI> in the County of <HI>Ann-Arundel,</HI> &s;hall at the time of his or their taking &s;uch Licence or Licences be bound &amp; oblig'd to pay unto the Secreta|ry of this Province for the time being if he or they keep Ordinary within the Port of <HI>Annapolis in Ann-Arundel County</HI> or within two miles thereof the &s;um of two thou&s;and pounds of tobacco yearly for a fine for every &s;uch Licence, or if he or they do keep Ordinary within the City of St. <HI>Marys,</HI> or at any County Court Hou&s;e, or at the Town and Port of <HI>William&s;tadt</HI> within this Province the &s;um of twelve hundred pounds of tobacco, and if any per&s;on or per&s;ons &s;hall keep any Ordinary or hou&s;es of enterta inment in other remoter parts, for entertainment of travellers &s;hall pay to the &s;aid Secretary for the time being yearly for a fine the &s;um of four hundred pounds of tobacco and no more, and give Bond for the pay|ment thereof.</P>
<P>And it is hereby Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that the Clerk of each re&s;pective County Court within this Province, and the Clerk of the Mayors Court of the &s;aid City of St. <HI>Marys</HI> &s;hall cau&s;e &s;uch Licence and the &s;ines for granting &s;uch Licences and the &s;ecurity given for the payment and performance thereof, to be duly entred upon Record in their &s;everal Courts, and then tran&s;mit the &s;aid Bonds to the Ju&s;tices of the Pro|vincial Court for his Maje&s;tys &s;aid Secretarys u&s;e, for which &s;aid Licence and Bonds &s;uch Ordinarykeepers &s;hall pay to &s;uch re&s;pective Clerk &s;ixty pounds of to|bacco and no more.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, <HI>&amp;c.</HI> that the Commi&s;&s;i|oners of the &s;everal County Courts, and the Mayor, Recorder and Aldermen of the &s;aid City be and are hereby authorized &amp; impowered at their &s;everal County Courts and Mayors Court in the Month of <HI>January</HI> and the Month of <HI>Augu&s;t</HI> half yearly and every year during the continuance of this Act, having &s;ummoned each re&s;pective Ordinarykeeper within their re&s;pective Countys and City, then &amp; there to &s;et and a&s;&s;e&s;s the Rates and prices of all liquors what&s;oever in this pre&s;ent Act not hereafter mentioned by them the &s;aid Ordinarykeepers vended or to be vend|ed for the year en&s;uing, and &s;o for every year during the continuance of this Act, which rates and prices &s;o to be &s;et &amp; a&s;&s;e&s;&s;ed, limitted &amp; appointed by the Com|mi&s;&s;ioners afore&s;aid, and by the Magi&s;trates of the City afore&s;aid, &s;hall be by their &s;everal and re&s;pective Clerks tran&s;cribed and &s;et up at their &s;everal and re&s;pective County Courts and City afore&s;aid, in &s;ome publick place or places there, that e|very per&s;on or per&s;ons may peru&s;e the &s;ame, the Copy of which table and prices of liquors every Ordinarykeeper within each County are hereby obliged to tran|&s;cribe fairly and keep the &s;ame &s;et up in the mo&s;t publick place of their hou&s;e or hou&s;es for the peru&s;al of all per&s;ons that receive any Ordinary accomodations from them, under the penalty of one thou&s;and pounds of tobacco, to be applyed to the u&s;e of the County where &s;uch Ordinarykeeper &s;hall live, to be &s;ued for in ca&s;e of non payment thereof in his Maje&s;ty name, for which &s;ums and table of prices every Ordinarykeeper &s;hall pay to &s;uch Clerk the &s;um of forty-pounds of tobacco and no more. And any Ordinarykeeper and Inholder that &s;hall after the &s;etting and a&s;&s;e&s;&s;ing the rates and prices afore&s;aid, directly or indirectly take, exact, de|mand
<PB N="80" REF="44">or receive for the price and pay for any &s;uch liquors for which the rates and prices &s;hall be &s;et and a&s;&s;e&s;&s;ed as aforere&s;aid of any per&s;on or per&s;ons what&s;oever above the rates and prices &s;o a&s;&s;e&s;t as afore&s;aid, &s;hall for every &s;uch offence forfeit and pay the &s;um of five hundred pounds of tobacco, one half thereof to his Maje&s;|ty his Heirs and Succe&s;&s;ors for the u&s;e of the County, and the other half to him or them that &s;hall in form and &s;ue for the &s;ame, and loo&s;e every &s;uch debt &s;o un|ju&s;tly charged, exacted and demanded, the &s;aid forfeitures to be recover'd in any Court of Record within this Province, wherein no E&s;&s;oyn Protection or wager of Law to be allowed.</P>
<P>And every &s;uch Ordinarykeeper that &s;hall demand, exact or receive above the &s;um of ten pounds of tobacco <HI>per</HI> gallon for &s;mall beer, twenty pounds of tobacco <HI>per</HI> gallen for &s;trong beer, for a nights lodging in a bed four pounds of tobacco, for a p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ck of &s;haled Indian Corn or Oats for a Hor&s;e twelve pounds of tobacco, for pa&s;t urage for a hor&s;e <HI>per</HI> night &s;ix pounds of tobacco, for hay or &s;traw for a Hor&s;e <HI>per</HI> night ten pounds of tobacco, &s;hall al&s;o pay and forfeit for every &s;uch offence the &s;um of five hundred pounds of tobacco, one half thereof to his &s;aid Maje&s;ty his Heirs and Succe&s;&s;ors for the u&s;e of the County, and the other half to him or them that &s;hall <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">for<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> or &s;ue for the &s;ame, to be recovered as afore&s;aid, and loo&s;e every &s;uch debt &s;o unju&s;tly charged as afore&s;aid; And to the intent that all per|&s;ons inhabitants, &s;trangers and travellors may be certain of good and &s;ufficient ac|comodations for them&s;elves and their hor&s;es.</P>
<P>Be it Enacted by the Authority afore&s;aid, that every Ordinarykeeper or Inhold|er to be licenced as afore&s;aid, &s;hall within &s;ix months after granting their re&s;pect|ive licences be hereby obliged to provide &amp; maintain if the &s;aid Ordinary be kept at the Court Hou&s;e in the &s;aid County, or the Port and Town of <HI>Annapolis</HI> and <HI>William&s;tadt</HI> twelve good and &s;ub&s;tantial beds over &amp; above what is for their own Familys u&s;e with covering for the &s;ame, together with accomodation of oats, hay, and &s;traw for litter and indian corn, with &s;tabling for twenty hor&s;es at lea&s;t, and if any &s;uch Ordinary be kept at any other part of the County then at the Court Hou&s;e afore&s;aid, &s;uch Ordinarykeeper &s;hall within the time afore&s;aid be provided with four &s;pare beds with covering, and &s;ufficient &s;tabling and provinder for &s;ix hor&s;es at the lea&s;t, under the penalty of five hundred pounds of tobacco, one half thereofto his Maje&s;ty his heirs and &s;ucoe&s;&s;ors for the u&s;e of the County, the other half to him or them that &s;hall inform or &s;ue for the &s;ame, to be recovered by Bill Plaint or Information, wherein no E&s;&s;oyn Projection or Wager of Law to be allowed.</P>
<P>Provided always that no or per&s;on per&s;ons &s;o licenced or to be licenced to keep Ordinary as afore&s;aid, &s;hall during their time of &s;uch their keeping Ordinary be Ju&s;tices of the Peace nor Comi&s;&s;ioners in any County Courts within this Province, nor any Mayor, Recorder or Alderman of the &s;aid City of St. <HI>Marys,</HI> any thing in this pre&s;ent Act to the contrary notwith&s;tanding.</P>
<P>And it is further Enacted by the Authority afore&s;aid, that if any Ordinary|keeper keeping evil Rule in his Hou&s;e upon complaint made thereof to the Ju&s;ti|ces of the County Court of &s;uch Ordinarykeepers misbehaviour or keeping evil rule in his hou&s;e, the &s;aid Ju&s;tices of the County Courts are hereby authorized &amp; impowered to &s;uppre&s;s &s;uch Ordinarykeeper, and call in &s;uch Licence.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that any Ordinarykeep|er disabled or &s;uppre&s;t as afore&s;aid, or any other per&s;on that &s;hall pre&s;ume to keep Ordinary without Licence fir&s;t had and obtained as afore&s;aid, &s;hall for every month he or they &s;hall keep Ordinary as afore&s;aid forfeit and pay two thou&s;and pounds of tobacco, one half to his Maje&s;ty for the u&s;e afore&s;aid, and the other half to him or them that &s;hall &s;ue for the &s;ame, to be r<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">overed in any Court of Re|cord within this Province by Bill plaint or information, wherein no E&s;&s;oyn Pro|tection or wager of Law to be allowed. And</P>
<P>Be it further Enacted by the Authority afore&s;aid, that no per&s;on or per&s;ons inha|biting within this Province, not having lawful licence &s;hall &s;ell by retail any &s;ider quince drink or other &s;trong Liquors to be drank in his her or their hou&s;es, or a|bout his her or their Plantations upon forfeiture of every time he &s;he or they &s;hall be legally convict thereof the &s;um of one thou&s;and pounds of tobacco, one half thereof to his Maje&s;ty his Heirs and Succe&s;&s;ors for and towards defraying the County charge where &s;uch forfeiture &s;hall become due, and the other half to the
<PB N="81" REF="44">informer or to him or them that &s;hall &s;ue for the &s;ame, to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint or Informati|on, wherein no E&s;&s;oyn Protection or wager of Law to be allow'd.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that no per&s;on or per&s;ons what&s;oever &s;o licenceed to keep Ordinary as afore&s;aid, &s;hall refu&s;e to credit any per&s;on capable of giving a Vote for election of Delegates in any County within this Province to the value of four hundred pounds of tobacco <HI>per Annum</HI> for any accomodations by him vended, whereof any &s;uch per&s;on &s;o capacitated as afore&s;aid &s;hall have occa&s;ion of or re|quire to be acomodated with, under the penalty or forfeiture of four hundred pounds of tobacco, by each Ordinarykeeper &s;o refu&s;ing to credit &s;uch per&s;on as afore&s;aid, one moiety thereof to his Maje&s;ty his Heirs and Succe&s;&s;ors for and towards the de|fraying the Countys charge where &s;uch forfeiture &s;hall become due, the other moiety to the informer or him or them that &s;hall &s;ue for the &s;ame, to be recovered as afore&s;aid.</P>
<P>And whereas it hath been found prejudicial to the inhabitants of this Province, that &s;uch Ordinarykeepers or Inholders have frequently entertained divers Free|men and loo&s;e per&s;ons a great time tipling at their Hou&s;es, as well to many other per&s;ons great damage as their own ruin.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that it &s;hall not be lawful for any &s;uch Ordinarykeeper or in|holder to keep &s;uch Ordinary or Hou&s;e of Entertainment, until they have pa&s;&s;ed before the Ju&s;tices of each re&s;pective County granting their Licences a Bond with good Security to the value of twenty pound Sterling that they &s;hall not entertain any Freeman or other loo&s;e per&s;on in their Hou&s;e above twenty four hours, unless &s;uch per&s;on be capable to give his vote fot a Delegate in the &s;aid County, or that they be retained as a Servant to the &s;aid Ordinatykeeper or Inholder, any Law u&s;uage or cu&s;tom to the contrary notwith&s;tanding.</P>
<P>And it is al&s;o hereby Enacted by the Authority afore&s;aid, that the Ju&s;tices of the Provincial Court and the Commi&s;&s;ioners of the re&s;pective County Courts &s;hall give this Act in charge to the &s;everal grand Jurys, and allso to the &s;everal Com|mi&s;&s;ioners of the re&s;pective Courts, and the Magi&s;trates of the &s;aid City to their &s;everal and re&s;pective Con&s;tables to inquire into the breach of this Act, and into all disorders committed in the &s;aid Ordinarys and pre&s;ent the &s;ame (if any be) to the &s;everal Courts to be examined and puni&s;hed according to Law.</P>
<P>And that all and every Act and Acts formerly made concerning Ordinarykeep|ers are hereby repealed and made void. This Law to continue for three years, or the end of the next Se&s;&s;ions of A&s;&s;embly, which &s;hall fir&s;t happen after the end of the &s;aid three years.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;ecuring the Parochial Librarys of this Province, and that the care and charge thereof be committed to &s;ome worthy and learned Per|&s;on.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the Librarys appointed for the &s;everal and re&s;pective Pari&s;hes within this Province &s;hall be &amp; remain in the hands and po&s;&s;e&s;&s;ion of the Mini&s;ter of the Pari&s;h and if any Mini&s;ter be pre&s;ented, appointed or inducted to the &s;aid Pari&s;h during his re&s;idence in the Pari&s;h afore&s;aid, who is and &s;hall be obliged to keep and pre&s;erve the &s;aid Library from wa&s;t and imbezlement, &amp; be accountable for the &s;ame to the Governour and Council and Ve&s;try as often as required; And to that purpo&s;e the &s;aid Mini&s;ter &s;hall pa&s;s two receits for the &s;aid Books, in&s;ert|ing what they are, and the title and page of the &s;ame, one receit to go to the Go|vernour and Council, and the other to the Ve&s;try of the Pari&s;h to be recorded in their Records, and the &s;aid Ve&s;trys are hereby obliged to vi&s;it the &s;aid Librarys twice in the year, and in&s;pect the &s;ame; and in ca&s;e of any damage or imbezle|ment thereof to require and cau&s;e &s;atisfaction to be made for the &s;ame, and in ca&s;e any Mini&s;ter having the charge of &s;uch Library &s;hall be removed from his charge, he &s;hall deliver the &s;aid Library to the Ve&s;try of the Pari&s;h and make &s;atisfaction or reparation if any damage <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> wa&s;t &s;uffered before his departure out of the &s;aid
<PB N="82" REF="45">Pari&s;h, except by fire or &s;uch like unavoidable accident, or in ca&s;e of the doath of any &s;uch Mini&s;ter having the charge of &s;uch Library, the Ve&s;try of the &s;aid Pari&s;h &s;hall immediatly take the &s;aid Library into their cu&s;tody &amp; keeping and pa&s;s their receits for the &s;ame as above directed, and &s;hall in all points be an&s;werable for the &s;ame, except by <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">re or &s;uch like accident as afore&s;aid; And for the better pre&s;er|ving and &s;ecuring the &s;aid Librarys, the learned and worthy Doctor <HI>Thomas Bray</HI> or his Succe&s;&s;ors is herereby appointed chief Vi&s;itor of all and every the &s;aid Li|brarys within the &s;aid Province.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that one Act of A&s;&s;em|bly made at<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">a General A&s;&s;embly held at the Port of <HI>Annapolis</HI> the &s;ixteenth day of <HI>September</HI> 1696. Intituled <HI>An Act for &s;ecuring the Parochial Librarys of this Pro|vince</HI> be and is hereby Repealed and made Void &amp; of no Effect.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for puni&s;hment of Blaspheming, Fornication, Adultry, prophane &s;wear|ing and cur&s;ing.</HEAD>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that from and after the publication hereof, if any per&s;on or per&s;ons what&s;oever inhabiting or being within this Province &s;hall bla&s;pheme GOD (that is to &s;ay) cur&s;e him, and deny our Saviour Je&s;us Chri&s;t to be the SON of GOD, or &s;hall deny the Holy Trinity, the FATHER SON and HOLY GHOST, or the God head of any of the three Per&s;ons or the unity of the God head, or &s;hall utter any reproachful p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eches, Words or Languages cancerning the HOLY TRINI|TY or any of the three Per&s;ons thereof, for his her or their fir&s;t offence &s;hall be bored through the Tongue and fined the Sum of twenty pounds Sterling to his Sacred Maje&s;ty towards the defraying the County charge where the &s;aid offen ce<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;hall be commited, to be leavied upon his her or their Goods &amp; Chattels, Lands and Tenements (if any they have) but if &s;uch offender or offenders have not Goods and Chartels, Lands and tenements to the value afore&s;aid, then &s;uch offen|der or offeders &s;hall &s;uffer &s;ix months impri&s;onment without bail or mainprize, &amp; for every &s;econd offence whereof every &s;uch offencer or offenders &s;hall be legaly convict, he &s;he or they &s;o offend as afore&s;aid &s;hall be &s;tigmatized in the Forenead with the letter B, and to be fined forty pounds Sterling to the u&s;es afore&s;aid, and in ca&s;e he &s;he or they &s;o offending as afore&s;aid &s;hall not have Goods and Chattels, Lands and Tenements to the value afore&s;aid, every &s;uch offender or offenders &s;hall &s;uffer impri&s;onment for the &s;pace of one whole year with out bail or mainprize as afore&s;aid, and for every third offence whereof any &s;uch offender or offenders &s;hall be legally convicted as afore&s;aid, he &s;he or they &s;o offending &s;hall &s;uffer death with confi&s;cation of all his her or their Goods and Chattels to his Maje&s;ty his Heirs and Succe&s;&s;ors.</P>
<P>And Be it further Enacted by the Authority Advice &amp; Con&s;ent afore&s;aid, that every per&s;on or per&s;ons committing Fornication and being thereof convicted, &s;hall for every time &s;o offending be fined (by the Court before whom &s;uch matter &s;hall be brought) to his Sacred Maje&s;ty in the &s;um of twenty &s;hilling Sterling, or four hundred pounds of tobacco, to be leavied &amp;c. for and towards the defraying the County Leavy where &s;uch fact &s;hall be committed, or receive corporal puni&s;h|ment by whipping at the di&s;cretion of the &s;aid Court, not exceeding thirty nine la&s;hes, and that every per&s;on or per&s;ons committing Adultery and being thereof legally convict &s;hall be fined as afore&s;aid for the u&s;es afore&s;aid, in the &s;um of forty &s;hillings Sterling or eight hundred pounds of tobacco to be leavied as afore&s;aid, or to receive corporal puni&s;hment as afore&s;aid. And</P>
<P>Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that every per&s;on or per&s;ons who &s;hall harbour, entertain and provide for the maintenance of any lewd Woman or Women, or frequent her or their companys, or the company of any &s;uch lewd Woman or Women, after pub|lick admonition to avoid the &s;ame given by the Mini&s;ter, or Churchwardens, or Ve&s;try of the pari&s;h or pari&s;hes where &s;uch per&s;on or per&s;ons dwell; and in ca&s;e there be no Mini&s;ters by the Churchwardens of the &s;ame Ve&s;try afore&s;aid, &s;hall for every time it &s;hall be proved that be &s;he or they &s;hall cohabit together, or fre|quent the company of each other after &s;uch admonition given as afore&s;aid under|go
<PB N="83" REF="45">&s;uch pains and penaltys as is by this Act provided for &s;uch who are legally convicted of Fornication or Adulcry, and whereas tho&s;e horrid and dete&s;table &s;ins of prophane &s;wearing and cur&s;ing are notwith&s;tanding &s;everal good Laws hereto|fore made grown &s;o ripe, that is to be found, they provoke the Divine Vengeance to inflict many and terrible puni&s;hments upon us, to prevent &s;uch wickedne&s;s for the future,</P>
<P>Be it Enacted by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that if any per&s;on or per&s;ons what&s;oever within this Province after the publication of this Act prophanely &s;wear or cur&s;e in the pre&s;ence or hearing of any one Ju&s;tice of the Peace or other head Officer of any Town, City or Burrough within this Province, or that &s;hall be thereof convicted by the Oath of one witne&s;s before any one Ju&s;t|ice or other head Officer, or by confe&s;&s;ion of the party offending &s;hall forfeit and pay for &s;uch offence the &s;um of five &s;hillings Sterling to our Sovereign Lord the King for the u&s;e of the poor of the County where the offence &s;hall be committed, to be leavied upon &s;uch offender or offenders immediatly by Command or Warrant from &s;uch Ju&s;tice of the Peace or head Officer of any Town, City or Burrough be|fore whom &s;uch offoder or offenders &s;hall be convicted, to the Con&s;table or other per&s;on whom &s;uch Ju&s;tice or head Officer &s;hall command or appoint, by di&s;tre&s;s or &s;ale of his her or their Goods or Chattels, rendring to them the overplus, and in ca&s;e any per&s;on &s;hould refu&s;e to obey to execute the Command or Warrant of any Ju&s;tice of the Peace or head Officer as afore&s;aid, in this ca&s;e &s;uch per&s;on or per&s;ons &s;hall forfeit and pay the Sum of five Shillings to be leavied as afore&s;aid, to the u&s;e afore&s;aid. And</P>
<P>Be it further Enacted by the Authority afore&s;aid, that for every time any per|&s;on or per&s;ons &s;hall prophanely &s;wear or cur&s;e in any Court Hou&s;e during the &s;it|ting of any Court within this Province and be thereof convict afore&s;aid, he &s;he or they &s;o offending &s;hall imediatly forfeit and pay the &s;um of ten &s;hillings as afore|&s;aid to the u&s;es afore&s;aid, or &s;et in the Stocks for the &s;pace of one hour, by order or command of any &s;uch Ju&s;tice of the Peace or head Officer as afore&s;aid.</P>
<P>Provided allways, and it is hereby Enacted, that no per&s;on &s;hall be pro&s;ecuted or troubled for any &s;uch prophane &s;wearing and cur&s;ing, unle&s;s the &s;ame be prov'd or pro&s;ecuted within ten days next after the offence committed.</P>
<P>And la&s;tly, Be it Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that every Ju&s;tice of the Peace or head Officer afore&s;aid, are hereby obliged to receive all &s;uch forfeitures as afore&s;aid, that are leavied as afore&s;aid, and render a ju&s;t account thereof to the Ju&s;tices of each re&s;pective Coun|ty yearly, at the time of laying the County Leavy to be by them dispo&s;ed of to the u&s;es afore&s;aid.</P>
<P><HI>An Act for recovering the Arrears due from the publick Officers, and transfer|ring &s;everal debts ari&s;ing therein.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for payment of &s;ees due from Criminal Per&s;ons.</HEAD>
<P>WHEREAS divers complaints have been made by &s;everal Countys of this Province, occa&s;ioned for that they have been forced to pay the fees of impri&s;onment, Criminals the per&s;ons by whom &s;uch fees ought heretofore to have been paid, or hereafter to be paid being relea&s;ed and going free, to the great incouragement of offenders, for prevention whereof for the future.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by &amp; with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authoity of the &s;ame, that from hence forward no Per&s;on Sherrif, Goaler, Clerk or Cryer &s;hall charge either their own County to which they belong or the publick with any fees for any Criminal committed to the charge of the &s;aid Sherrif or Goaler, have|ing &s;ufficient E&s;tate in this Province wherewith to pay the &s;ame, or being capable to pay the &s;ame by &s;ervitude, but that &s;uch Criminals being di&s;charged by order and due cour&s;e of Law, &s;hall pay their own &s;ees to Sherrif, Goaler, Clerk &amp; Cryer
<PB N="84" REF="46">according to Act of A&s;&s;embly, either out of his E&s;tate or by Servitude or other|wi&s;e, provided always that this Act &s;hall not extend to malefactors that are exe|cuted, or to &s;uch other per&s;ons who are bani&s;h'd having no E&s;tate in this Province, or Servants Criminals, for whom the Country &s;hall pay the fees due to the Sherrif Goaler, Clerk, Cryer and other Officers of &s;uch Court where &s;uch Criminal &s;hall be convicted.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that all Officers fees due from Criminal Servants &s;hall be paid by the County where the fact &s;hall be com|mitted and that all and every &s;uch Criminal Servant for whom the County &s;hall pay the fees due to &s;uch Officers as afore&s;aid, &s;hall after the end and expiration of his time of &s;ervitude to his Ma&s;ter &s;atisfye unto the Commi&s;&s;ioners of the County who paid &s;uch his fees for him to the Sherrif and other Officers as afore&s;aid, for the u&s;e of &s;uch County &s;uch &s;ums as they have paid as afore&s;aid, and the &s;everal Commi&s;&s;ioners of the &s;everal Countys &s;hall and are hereby impower'd to make in|qui&s;ition after all &s;uch Servants Criminals for whom the County hath defray'd the &s;aid fees to the Sherrif and other Officers as afore&s;aid, aad they the &s;aid Commi&s;|&s;ioners according to their be&s;t di&s;cretion &s;hall order for the &s;aid Servants to make &s;uch rea&s;onable &s;atisfaction to the County as they &s;hall think fit, &amp; in &s;uch man|ner as they &s;hall find convenient, And for the better &s;ecurity of the County which &s;hall pay &s;uch fees for &s;uch Criminal Servants as afore&s;aid,</P>
<P>Be it Enacted, that the Ma&s;ter, Mi&s;tre&s;s or Dame of all &s;uch Servants be &amp; are hereby injoyn'd &amp; requir'd at the expiration of the time of &s;uch Servants &s;ervitude to &s;uch Ma&s;ter, Mi&s;tre&s;s or Dame to render up and deliver to the Ju&s;tice or Ju&s;tices of the County for the u&s;e of the County afore&s;aid &s;uch Servants Criminal as afore|&s;aid, under the penaltys to &s;uch Ma&s;ter, Mi&s;tre&s;s or Dame refu&s;ing or neglecting to deliver up &s;uch Servant as afore&s;aid, of making &s;atisfaction and paying to the County all &s;uch fees as by the County afore&s;aid have been paid for &s;uch Criminals as afore&s;aid, and &s;uch Ju&s;tice or Ju&s;tices to whom &s;uch Criminal Servant &s;hall be delivered as afore&s;aid, are likewi&s;e required to &s;erve &s;uch Servants Criminals as a|fore&s;aid in &s;uch manner and way as to the &s;aid Ju&s;tice or Ju&s;tices &s;hall &s;eem meet or convenient, &s;o that he be and appear at the then next County Court to be held for the &s;aid County to be dispo&s;ed on as the Court &s;hall con&s;ider.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for preventing vexatious and unnece&s;&s;ary Suits at Law, and for proving of debts and pleading di&s;count in Bar.</HEAD>
<P>WHEREAS divers and &s;undry per&s;ons within this Province contract|ing debts by accounts with Merchants and others, for which they &s;tand and remain only debtor upon their Book of Account, the which tho' they be hone&s;t and well di&s;pos'd to pay the &s;ame upon demand fir&s;t had and required of the &s;aid debtor, by the creditor or other per&s;ons lawfully authorized to receive the &s;ame, without which it is impo&s;&s;ible for the &s;aid debtor to know where or to whom to pay the &s;aid debt, yet &s;everal of the &s;aid creditors through vexatious and avariti|ous humours do daily commence their Suits at Law again&s;t &s;uch their debtors, without any demand of &s;uch their debts of their &s;aid debtors, whereby the &s;aid debt is much increa&s;ed, and the &s;aid debtor thereby greatly burthened and impo|veri&s;hed by means of &s;uch their vexatious and unju&s;t Suits in Law.</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excel|lent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;em|bly and the Authority of the &s;ame, that from and after the publication of this Act no per&s;on what&s;oever his Executors or Admini&s;trators living or trading into this Province, &s;hall for any debt due or owing to him by account, book or otherwi&s;e, and for which the debtor hath not pa&s;&s;ed his hand and &s;eal to &s;uch his creditor, &s;ue or implead at Law &s;uch debtor for any &s;uch debt contracted as afore&s;aid, and not under hand and &s;eal of &s;uch debtor as afore&s;aid, unle&s;s he &s;hall fir&s;t demand &amp; require the &s;ame of the &s;aid debtor in the County where he &s;hall inhabit, to prove which demand the creditor or demandants own oath &s;hall be &s;ufficient, but if the debtor be not at home to be&s;poke with, then &s;uch demanandt &s;hall leavea noat under the hand of &s;uch creditor or demandant, or tho&s;e he &s;hall impower to receive the &s;ame, what time and to whom the &s;ame &s;hall be paid, and if thereupon the &s;ame be not accordingly paid, then it &s;hall and may be lawful for &s;uch creditor to &s;ue
<PB N="85" REF="46">and implead such his debtor for the said debt, and recover again&s;t him all such co&s;t and damages as upon legal tryal in any Court in this Province &s;hall be ad|judged again&s;t him, and in ca&s;e any per&s;on or per&s;ons &s;hall &s;ue and implead any &s;uch his debtor as afore&s;aid contrary to this Act he &s;hall loo&s;e all his co<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s of &s;uch &s;uit, and be lyable to &s;atisfie &s;uch his debtor all &s;uch damages as &s;hall accrew to the &s;aid debtor by &s;uch his vexatious and unju&s;t &s;uit at Law.</P>
<P>Provided always, that this Act, nor any thing herein contained &s;hall be con&s;tru|ed to intend to the benefit of any per&s;on debtor as aforere&s;aid, either run away out of this Province, or willfully ab&s;conding him&s;elf within the &s;ame from his &s;aid creditor, but that he may be proceeded again&s;t as before this Law made, any thing in this Act to the contrary notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that an account &s;worn to by the Plaintif, or a Bill proved by his evidence before any Ju&s;tice of the Provincial Court, or any two Ju&s;tices of the County Courts of this Province, &s;hall be &s;ufficient evidence to prove the debts in the Provincial or any county Courts within this Province. Provided allways that the party who &s;hall &s;wear or give evidence as afore&s;aid to prove any debt as afore|&s;aid, &s;hall at the time declare upon his oath whether he knows of any payment or discount of any part or parcel of the account or debt &s;o to be proved, which &s;hall be certifyed under the hand or hands of &s;uch ono Ju&s;tice of the Provincial Court, or two Ju&s;tices of the County Court before whom the account or debt &s;hall be proved with certificate made and &s;igned as afore&s;aid, &s;hall be taken and received as &s;ufficient proof of any &s;uch debt or account as afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that if any defendant upon tryal can prove either by &s;uch certificate as afore&s;aid or other &s;ufficient proof that there is any &s;um of tobacco or money paid to the plaintif or his order in part of the debt &s;ued for, the Court before whom &s;uch tryal is had may cau&s;e the &s;ame to be discounted in Court and give Judgment thereupon again&s;t the defendant for &s;o much only as &s;hall be remain+ing to the plaintif with <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">co&s;t of Suit, provided the ballance exceeds two hundred pounds of tobacco or &s;ixteen &s;hillings and eight pence in the County Courts, and fifteen hundred pounds of tobacco or &s;ix pounds five &s;hillings &s;terling in the Pro|vincial Court, otherwi&s;e the plaintif &s;hall be non&s;uited as by other Laws are pro|vided</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Incouragement of &s;uch per&s;ons as will undertake to buid Watermills.</HEAD>
<P>DALLY Experience &s;heweth that the want of Water-mills is the true cau&s;e that Husbandry in tilling the Ground and for &s;owing of Wheat and Barly is but coldly pro&s;ecuted, tho' the advantage thereby in rai&s;ing the &s;tock of neat cattle be great; And forasmuch as for the mo&s;t part the places fit for &s;etting up of Water mills are already in the hands of per&s;ons under age, or unable to be at the charge of building a Water-mill, or elce &s;uch as are willfully ob&s;tinate in forbid|ing and hindring &s;uch per&s;ons as would purcha&s;e the &s;aid places fit for building Water-mills and &s;et them up, to the increa&s;e of our trade and navigation, much to the publick damage of the Province.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that if any per&s;on or per&s;ons from and after the publication hereof, that &s;hall de&s;ire to &s;et up a Water-mill upon any Land next adjoyning to any Run of water within this Province, not being the proper po&s;&s;e&s;&s;ion or frecholds of &s;uch per|&s;on or per&s;ons, nor lea&s;ed to them to the intent thereon to &s;et a Water-mill, they &s;hall purcha&s;e a Writt out of his Maje&s;tys Court of Chancery directed to the Sher|rif of the County where &s;uch Land lieth, requiring him by the oaths of twelve Men of his County to inquire what damage it would be to his Maje&s;ty or others to have a Mill &s;et up in &s;uch a place as afore&s;aid, the form of which Writt fol|loweth. <HI>viz.</HI></P>
<FLOATEXT LANG="eng" TYPE="writ">
<OPENER><SIGNED><HI>William</HI> by the Grace of God of <HI>England Scotland France and Ireland</HI> King De|fender of the Faith <HI>&amp;c.</HI></SIGNED>
<SALUTE>To the Sherrif <GAP DESC="blank"> County greeting,</SALUTE></OPENER>
<P>We command you that by the Oath of twelve hone&s;t and lawful Men of the County by whom
<PB N="86" REF="47">the truth of the matter may be better known, diligently to inquire if it be to the damage of us or others if we grant &mdash; of &mdash; County twenty Acres of Land ly|ing at N.&mdash; in the County afore&s;aid, <HI>viz.</HI> ten Acres of the one &s;ide &s;uch Run, and ten Acres on the other &s;ide &s;uch run of water, together with liberty to take, fall, cut down and carry away either by land or water any wood or timber fit for build|ing a Mill, other then timber fit to &s;plit into Clap Boards upon any of the Lands next adjoyning to the &s;aid twenty Acres of Land lying on each &s;ide of the &s;aid run of water at N: N. afore&s;aid in the County afore&s;aid, and if it be to the damage &amp; prejudice of us or others, then to what damage and prejudice of us, and to what damage and prejudice of others, and of whom and in what manner, and how and of what value they are by the year, according to the true value thereof now before any further improvement made of the &s;aid twenty Acres of Land, and who are the pre&s;ent po&s;&s;e&s;&s;ors of the &s;aid twenty Acres of Land, and what Lands and Tene|ments remain to the pre&s;ent po&s;&s;e&s;&s;ors over the &s;aid twenty Acres, and if the land remaining to the pre&s;ent po&s;&s;e&s;&s;ors over the &s;aid twenty Acres will &s;uffice to uphold their manner, <HI>viz.</HI> the &s;ixth part of their manner allotted by the conditions of Plantations for the Deme&s;ne as afore the Alienation &s;o as the County by the Alie|nation afore&s;aid, in default of the pre&s;ent po&s;&s;e&s;&s;ion more than was wont be not charged and grieved, and the inqui&s;ition thereupon openly and di&s;tinctly made to us in our Chancery, under the Seal and Seals of them by whom it was made, with out delay &s;end <HI>&amp;c.</HI></P>
</FLOATEXT>
<P>Upon return of which Writt in ca&s;e the per&s;on or per&s;ons whereby the &s;aid in|que&s;t &s;hall be &s;ound to be true owners and po&s;&s;e&s;&s;ors of the &s;aid land fit to build a Mill upon, &s;hall refu&s;e to build a Mill thereon, &amp; give &s;ecurity to his &s;aid Maje&s;ty by Bond of fifty thou&s;and pounds of tobacco, with condition to build a Mill there|on within one year from that day to be computed and reckoned, and the &s;ame building to pro&s;ecute &amp; fini&s;h within two years after the &s;aid beginning or laying the foundation as afore&s;aid for the publick good of the Province, it &s;hall and may be lawful for his &s;aid Maje&s;ty his Heirs or Succe&s;&s;ors, or for their chief Governour here for the time being from time to time to grant any &s;uch twenty Acres of Land fit to build a Water mill upon as afore&s;aid, together with free egre&s;s and regre&s;s to the &s;aid Water mill, either by land through any Mans land next adjoyning or elce by water, together with liberty to fall any timber for building the &s;aid water mill, other then board timber fit to &s;plit or cleave into clap boards for any time or term, not exceeding eighty years then next to come, under the yearly rent of the land then by the oath of twelve Men by vertue of the Writt afore&s;rid returned to be paid to the owner of the &s;aid land &s;o found and returned as afore&s;aid, which &s;aid grant from his &s;aid Maje&s;ty his Heirs and Succe&s;&s;ors or from the chief Gover|nour here for the time being as afore&s;aid &s;hall be good &amp; available in Law to the grantee as afore&s;aid for any term of years, not exceeding eighty years as afore&s;aid again&s;t all per&s;ons what&s;oever any Law, cu&s;tom or u&s;uage heretofore had, made or u&s;ed within this Province to the contrary notwith&s;tanding.</P>
<P>Provided always that before any per&s;on or per&s;ons what&s;oever &s;hall have &s;uch grant to build a Water-mill as afore&s;aid, they &s;hall enter into a Bond with his &s;aid Maje&s;ty with two &s;ufficient Suretys in the &s;um of fifty thou&s;and pounds of tobacco with condition to begin to build the &s;aid Water-mill within one year then next to come, and the building to pro&s;ecute &amp; fini&s;h within two years after &s;uch begining, and for the great advantage that is already found to the Province in general by the Mills already built, &s;ome of which do &s;tand upon lands whereof the title is doubt|ful for want of due form of the Conveyance, or the la&s;t wills and re&s;taments by which the lands have been conveyed or devi&s;ed to the builders of &s;uch Mills.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, that all and every &s;uch per&s;on or per&s;ons as afore&s;aid who have built Mills &s;hall or may have &s;uch Writt or Writts as afore&s;aid, to inquire of the true yearly value of the land where &s;uch Mill doth &s;tand, and of ten Acres of land on each &s;ide of the &s;aid run as afore&s;aid, and upon return of &s;uch Writt as afore&s;aid, &s;hall have a grant from his Maje&s;tys chief Governour here as afore&s;aid for any term not exceeding eighty years, and yearly rent return as afore&s;aid, to be paid to the right owner of the &s;aid land as a|fore&s;aid, any Law or u&s;uage to the contrary hereof notwith&s;tanding.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that from and after the publication hereof no per&s;on or per&s;ons what&s;oever, having or that &s;hall hereafter
<PB N="87" REF="47">have obtained any grant for any lands whereof &s;uch per&s;on or per&s;ons are not the real owners or po&s;&s;e&s;&s;ors thereof, and whereupon he &s;he or they have already built or &s;hall hereafter build a Water mill as this Law hath before directed, &s;hall have any right, title or claim to any land granted to them for any time or term what&s;o|ever after &s;uch Mill by him or them already built as afore&s;aid, or that &s;hall hereaf|ter be built, &s;hall be ca&s;ually broke or gone to decay as afore&s;aid other then two years for the new erecting, building, fini&s;hing and repairing of &s;uch Mill as afore|&s;aid, but that in all &amp; every cau&s;e where any per&s;on or per&s;ons that have already built or that &s;hall hereafter build any Water-mill which are or that &s;hall hereafter be broke or gone to decay as afore&s;aid, and &s;hall not within two years after the publication hereof, or within two years after &s;uch Mill &s;hall become broke or gone to decay as aforesaid, cause the same to be new built, repaired or fini&s;hed as a|foresaid, it &s;hall and may be lawful for the real owner or owners of such land to such per&s;on or per&s;ons so granted as aforesaid to reenter upon the same, and in ca&s;e &s;uch per&s;on or per&s;ons &s;hall deny or refu&s;e to give the owner &amp; owners of &s;uch land as afore&s;aid peaceable and quiet po&s;&s;e&s;&s;ion thereof, &s;uch owner or own|ers &s;hall and may recover his right to the &s;ame, bw ejectment or otherwi&s;e as the Law doth direct, any thing in this Act contained to the contrary notwith&s;tand|ing. And for prevention of the abu&s;e frequently committed by per&s;ons keeping Water-mills by taking exce&s;&s;ive tole.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, that from and after the publication hereof as afore&s;aid, no Ma&s;ter, Owner, Miller or other Per&s;on properly belonging to otherwi&s;e owning any Mill within this Province, &s;hall ask, demand or receive for grinding any quan|tity or quantitys of Indian corn or Wheat what&s;oever above the &s;ixth part of ev'ry bu&s;hel of Indian corn, and eighth part of every bu&s;hel of Wheat by him or them &s;o ground as afore&s;aid, upon penalty &amp; forfeiture of one thou&s;and pounds of tobacco to the u&s;e of his Maje&s;ty his Heirs and Succe&s;&s;ors for the &s;upport of Government, to be recovered in the re&s;pective County Courts by Action of Debt Bill Plaint or Information, wherein no E&s;&s;oy Protection or wager of Law &s;hall be allowed, any other Act u&s;uage or cu&s;tom to the contrary notwith&s;tanding.</P>
<P>Provided always that if any per&s;on upon incouragement of former Acts hereby repealed have begun to build any Mill they &s;hall &s;till have all tho&s;e advantages that they might have had by &s;uch Act hereby repealed, as if the former Act or Acts were &s;till in force.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the better admini&s;tration of Ju&s;tice in Probat of Wills and granting Admini&s;trations, recovering of Legacys, and &s;ecuring Filial Portions.</HEAD>
<P>WHEREAS for the due admini&s;tration of Ju&s;tice it is mo&s;t nece&s;&s;ary that there be a &s;ettled Succe&s;&s;ion from the dead to the living, and that the wills of all Per&s;ons may be duly proved, and Letters of Admini&s;tration of the E&s;tates of all per&s;ons dying witthout Wills may be granted to &s;uch per&s;ons who have the be&s;t Right to &s;ucceed thereto, that there may in that ca&s;e be no failure of Ju&s;tice, but that it may be duly admini&s;tred within this Province, and all Le|gacys &s;peedily recovered, and Filial Portions and Orphans E&s;tates duly &s;ecured &amp; ea&s;ily obtained, according to the true intent of the Laws heretofore made, (now in force) or hereafter to be made.</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, that the Judge or Commi&s;&s;ary General for probat of Wills and granting Admini&s;trations &s;hall hold his Court once in two Months at the lea&s;t, or oftner as the ca&s;e &s;hall require, regard being had to the di&s;tance of the inhabitants of the Suitors in the &s;aid Court, and the dispatch of per&s;ons not inhabiting in this Pro|vince who have frequent occa&s;ion to &s;eek Ju&s;tice in the Court for probat of Wills &amp; granting Admini&s;tration before the Judge thereof, and forasmuch as certainty is the Mother of Repo&s;e, and that our dependance upon <HI>England</HI> obliges us to make all our Laws as rear as may be con&s;onant to the Laws of <HI>England.</HI></P>
<P>Be it further Enacted by the Authority afore&s;aid, that the Judge for probat of Wills and granting Admini&s;trations within this Province in all ca&s;es relating to probat of Wills and granting Admini&s;trations &s;hall proceed according to the laws
<PB N="88" REF="48">of <HI>England</HI> now in force or to be hereafter in force within twelve Months after &s;uch Law &s;hall be publi&s;hed in the Kingdom of <HI>England</HI> if pleaded before him, &s;aving in &s;uch ca&s;es as by this pre&s;ent Act is provided, and that it &s;hall and may be law|ful for the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">udge for probat of Wills to prove any la&s;t Will within this Province altho' the &s;ame concern title to land, any law u&s;uage or cu&s;tom of <HI>England</HI> to the contrary notwith&s;tanding.</P>
<P>And to the end that all Filial Portions may be &s;ecured to the Children of all per&s;ons dying inter&s;tate, and legacys paid to legatees of per&s;ons who make wills, be it likewi&s;e Enacted, fir&s;t that the Judge for probat of wills and granting admi|ni&s;trations &s;hall call all Executors and Admini&s;trators to account for the E&s;tate of all per&s;ons decea&s;ed within twelve Months next after admini&s;tration committed, and if any Admini&s;trator &s;hall fail to give an account within the time afore&s;aid be|ing lawfully thereunto cited, that then the &s;aid Judge &s;hall revoke the fir&s;t letters of admidi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ration to &s;uch Admini&s;trators committed, and &s;hall grant admini&s;trati|on <HI>de bonis non Admini&s;trat'</HI> to &s;ome other per&s;on as in his di&s;cretion he &s;hall think fit, which &s;aid Admini&s;trator duly appointed &s;hall give &s;ecurity as all other Admini&s;trators do, and &s;hall &s;ue and implead the former Admini&s;trator before the Judge afore&s;aid for an account of the E&s;tate of the Inte&s;tate, and in ca&s;e it &s;hall appear to the Judge afore&s;aid, that the former Admini&s;trator hath wa&s;ted and im|bezled the E&s;tate of the Inte&s;tate, then the Judge &s;hall a&s;&s;ign the Bond entred into by the former Admini&s;trator and his Surety unto the latter Admini&s;trator to be re|lieved again&s;t them for &s;ach wa&s;ting or imbezling.</P>
<P><HI>&s;econdly,</HI> That the Judge upon account given by the fir&s;t Admini&s;trator as afore|&s;aid &s;hall make divi&s;ion of the clear E&s;tate of the deceas'd after debts paid and fu|neral expences defrayed, that is to &s;ay, &s;hall allow to the Widdow or Relict of the &s;aid Inte&s;tate (if any &s;uch be) one full third part thereof, and the other two thirds be equally divided among the children of the &s;aid deceas'd (if any &s;uch be) and if no &s;uch be, then between the next of blood of the &s;aid Inte&s;tate, and after &s;uch divi&s;ion made &s;hall transmit the account thereof to the &s;everal and re&s;pectiv Ju&s;tices of the County Courts where the &s;aid E&s;tate &s;hall be and remain, who are by this Act appointed, authorized and injoyned to put the per&s;ons Lands, Goods and Chattels of the Orphans into the hands of &s;uch per&s;ons as they &s;hall think fit, taking Bond with two &s;ufficient &s;uretys in the names of the Orphans them&s;elves, for the &s;ecuring and delivering of the &s;aid E&s;tate to the &s;aid Orphans or their Guardians when thereunto lawfully called, according to the rules and directions here after by this Act pre&s;cribed, e&s;tabli&s;hed &amp; ordained and not otherwi&s;e, which rules &s;hall be rules not only for the Ju&s;tices of the County Courts to proceed by is taking the accounts of Guardians or Tru&s;tees for Orphans, but al&s;o for the Judge for probat of Wills and granting Admini&s;trations in the account of Admin|&s;trators and bare Executors to the benefit of others, nor &s;hall the Judge give any other allowances to any Admini&s;trator or Admini&s;trators upon his or their account but for debt <HI>bona &s;ide</HI> owing from the deceas'd, and realy paid or &s;ecured to be paid by the &s;everal and re&s;pective Admini&s;trators.</P>
<P N="1">1. No Negro or other &s;lave &s;hall be &s;old or dispo&s;ed of by any Admini&s;trator for payment of debts, or otherwi&s;e re&s;erved for the Admini&s;trators own u&s;e, in &s;a|risfaction for any debts due to the &s;aid Admini&s;trator, nor any Execution &s;erved upon any Negro's or other Slaves &s;o long as there &s;hall be other Goods of the de|cea&s;ed &s;ufficient to &s;atisfie the ju&s;t debts of the deceas'd, bvt &s;hall be kept upon the hazard of the E&s;tate and imployed for the benefit of the Creditors and Orphans if any be during the fir&s;t year, at the end of which the Adminis&s;trator is to account for the E&s;tate and the profits of &s;uch &s;laves &s;hall be A&s;&s;erts to the Creditors and di|vidable between the Wife and Children or Relations of the &s;aid decea&s;ed if there be no Creditors the Judge for probat of Wills upon pa&s;&s;ing the account by &s;uch Admini&s;trator &s;hall allow him his rea&s;onable charges.</P>
<P N="2">2. That no Account be allowed for Dyet, Cloaths, Phyzick or Education to a|ny Admini&s;trator or Guardian to any Orphan again&s;t the E&s;tate of the Inte&s;tate, or again&s;t the filial part of any Child committed to any Guardians or other per&s;ons intru&s;ted by the County Court, but that the &s;aid Orphan &s;hall be maintained and educated by the intere&s;t of their E&s;tate and the increa&s;e of their Stocks, &s;o far forth as their &s;aid intre&s;t and increa&s;e will extend; But if the E&s;tate be &s;o &s;mall that it will not extend to a free education of &s;uch Orphans, &s;hall be bound Apprentices to
<PB N="89" REF="48">&s;ome handy craft Trade or other per&s;on at the di&s;cretion of the County Courts, un|til they arrive to the age of twenty one years, except &s;ome Kin<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">man or Relation or &s;ome other charitable per&s;ons will maintain them for the increa&s;e of the &s;mall E&s;tate they have without any diminution of the principle, which &s;hall always be delivered to the Orphans at the years hereafter in this Act limitted &amp; appointed, then &s;uch Kinsman, Relation, or other charitable per&s;on is thereby obliged to per|forme the &s;ame, as is by this Law before injoyned, and to be a&s;certained by the County Courts.</P>
<P>Provided always that no Orphan &s;hall be put into the hands of any per&s;on of different judgment in Religion to that of the decea&s;ed parents of the &s;aid Orphans.</P>
<P N="3">3. That all Cattle Hor&s;es and Sheep &s;hall be returned in kind by the Guardians or other per&s;ons intru&s;ted with Orphans E&s;tates, (that is to &s;ay) &s;o many cattle, hor&s;es &amp; &s;heep were of at the time they were delivered to the Guardians or Trus|tees of the Orphans.</P>
<P N="4">4. That all Money, Plate, Rings and Jewels be pre&s;erved and not u&s;ed by the Guardeans or Tru&s;tees and delivered in kind to the Orphans when they come to age, and that all hou&s;ehold &s;tuff and lumber be apprai&s;ed in money and not other|wi&s;e, and the value thereof paid to the Orphans as afore&s;aid, either in money &s;terling according to the appri&s;ement or in tobacco at the then price currant, and in ca&s;e any difference &s;hall ari&s;e what &s;hall be the price currant at the day of pay|ment in the Bond taken limitted, the Judges of the County Court where the Or|phans E&s;tate doth lie &s;hall then determin what &s;hall be the price currant.</P>
<P N="5">5. That every Male Orphan &s;hall be of full age to receive his E&s;tate from his Guardian at the age of twenty one years and not before, but in ca&s;e any per&s;on by his la&s;t Will &amp; Te&s;tament doth appoint any per&s;on to be his executor or executrix that is full &s;eaventeen years of age, that per&s;on &s;o appointed &s;hall be adjudged to be of &s;ufficient age to be Admini&s;trator Executor or Executrix, and if &s;uch Execu|tor or Executrix be under the age of &s;eaventeen years, the admini&s;tration &s;hall thou be committed to &s;uch other per&s;ons as the Judge for probat of Wills &amp; grant. Admini&s;trations &s;hall approve of <HI>d<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ante minoritate,</HI> and &s;o to the profit, u&s;e and behoof of the Infant Executor or Executrix and not ottherwi&s;e nor in any other manner. And forasmuch as the right to admini&s;tration of the Goods of per&s;ons inte&s;tate may fall upon per&s;ons under the age of &s;eaventeen years, it is hereby de|clared that as they are within like rea&s;on &s;o they are within like law with Infant Executors.</P>
<P N="6">6. That every Female Orphan &s;hall be accounted of full age to receive her E|&s;tate at the age of &s;ixteen years or day of marriage which &s;hall fir&s;t happen.</P>
<P N="7">7. That all Negro's and other Slaves after the transmitting the E&s;tate to the County Court as afore&s;aid, &s;hall be prai&s;ed to the Guardians or Tru&s;tees and be pre&s;erv'd by them, &amp; be imploy'd to the &s;aid Guardians or Tru&s;tees u&s;e and bene|fit, and the like number of Slaves, and of the like ability of body be returned to the &s;aid Orphans out of their increa&s;e if any be, at their full age by this Law limit|ted, and if any of the &s;aid Slaves be grown aged or otherwi&s;e impotent, or be la|med, and that the increa&s;e will not make the original Stock good, as to the num|ber and ability of body, that then they &s;hall be again apprai&s;ed by the &s;aid County Courts, and the Guardians or Tru&s;tees &s;hall pay to the Orphans &s;o much money or tobacco as the County Court &s;hall adjudge the Orphans Stocks of Negro's then to be of le&s;s value then they were at the time of their fir&s;t apprai&s;ment and deli|very of their &s;aid Slaves to the &s;aid Guardian or Tru&s;tees, but in ca&s;e no guardian or other per&s;on will upon the&s;e terms accept af tho&s;e &s;laves, then it &s;hall and may be lawful for the &s;aid &s;everal and re&s;pective County Courts to put the &s;aid &s;laves out upon other terms to any other per&s;on &s;o that the &s;aid original &s;tock of &s;laves be not &s;old nor any of their increa&s;e, but in the be&s;t manner pre&s;erved for the Or|phans till they come to their &s;everal ages by this Act limitted and appointed, to the intent they may have their fir&s;t &s;tock made good to them in number value &amp; ability of body if it may be:</P>
<P N="8">8. That all Servants for years be likewi&s;e returned in kind to the Orphans at their full age, that is to &s;ay, the &s;ame number at the &s;ame age and &s;ex and by like number of years to &s;erve, and of the &s;ame ability of body as near as can be gue&s;t as the Servant were when receiv'd by the guardian or tru&s;tee.</P>
<P N="9">9. Whereas every Admini&s;trator in Inventary in&s;erteth what debts are &s;perate and what debts are de&s;perate, the Judge for probat of Wills &s;hall transmit tho&s;e
<PB N="90" REF="49">desperate debts with the divi&s;ion of the overplus of the e&s;tate unto the &s;everal and re&s;pective ju&s;tices of the County Courts where the E&s;tate &s;hall<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y, to the end the &s;aid ju&s;tices may inquire whether the &s;aid Admini&s;trator hath by fraud or other|wi&s;e neglected to recouer the &s;ame, or hath received and never accounted for the &s;ame, and &s;hall with the re&s;idue of the &s;aid E&s;tate commit the &s;aid desperate debts to the care of the guardians or other tru&s;tees by them imployed and &s;hall yearly and every year call the &s;aid Guardians to account for the &s;ame, and duly in|&s;pect what of the &s;aid debts they have received or might have receiv'd, and if the &s;aid guardian or tru&s;tee fail to give in his account yearly, or by fraud or co|vin neglect or forbear to recover the &s;ame, the &s;aid guardian or tru&s;tee &s;hall &s;tand and be accountable for every &s;uch debt by them receiv'd &amp; not accounted or negle+cted or forborn to be recovered. 10. That the Ju&s;tices of the County Courts take able &amp; &s;ufficient Security for Orphans E&s;tates, and inquire yearly of the &s;ecurity, and if there be ju&s;t cau&s;e that they require new and better &s;ecurity, &amp; upon refu&s;al to give new &amp; better &s;ecurity to remove the Orphans E&s;tates into their hands. And further,</P>
<P>That the ju&s;tices of the County Courts &s;hall yearly in June Court inquire by a Jury of good and lawful Men to be &s;umoned out of the &s;everal Hundreds of the County not under the number of twelve, who upon their oaths &s;hall inquire the form of which oath is hereby expre&s;t, <HI>viz.</HI> Whether the Orphans be kept, main|tain &amp; educated according to their e&s;tates, &amp; whether apprentiees yearly are taught their Trade, or rigoroufly u&s;ed and turned to common labour at the Ax and Hoe in&s;tead of learning their Trades, and if they find that Orphans are not maintain'd and educated according to their E&s;tates, or Apprentices neglected to be taught their Trades upon pretence that the la&s;t year is enough to learn their trade, that they remove them to other guardians &amp; ma&s;ters re&s;pectively, and in ca&s;e the Jury find that any Apprentice is not taught his trade but put to other labour as afore|&s;aid, the County Court &s;hall condemn the Ma&s;ter of &s;uch Apprentice to make the Apprentice &s;uch &s;atisfaction as in ju&s;tice his years of labour at other work &s;hall de|&s;erve, and five hundred pounds of tobacco to be paid to the &s;aid Orphan.</P>
<P N="11">11. That the Ju&s;tices of the County Courts cau&s;e the conditions of the Bonds they take of guardians or tru&s;tees of Orphans e&s;tates be exactly drawn to the Act, and Recorded in the County Court and the Indentures for Apprentices likewi&s;e, that it may duly appear to the Judges whether Guardians Tru&s;tees and Ma&s;ters do right and ju&s;tice to Apprentices, and to the Country, that the Ju&s;tices do right between them, and to that end that they cau&s;e the Clark of their Court to pre&s;ent the Jury with a li&s;t of the Orphans and Apprentices of their County ev'ry June Court</P>
<P N="12">12. That no more be allowed to Guardians or Tru&s;tees for collecting debts due to Orphans than ten <HI>per cent'</HI> the u&s;ual allowance to Admini&s;trators and Factors by the Merchants.</P>
<P N="13">13. And further, in regard by the Judges or Commi&s;&s;ary General for proving of Wills and granting Admini&s;trations Commi&s;&s;ion their is a &s;aving to all per&s;ons of their right of appeal from the &s;entence of the &s;aid Judge to the chief Governor of this Province for the time being.</P>
<P>Be it Enacted, that all and every per&s;on &amp; per&s;ons appealing from the &s;entence of the &s;aid Judge, &s;hall within fifteen days at the furthe&s;t after &s;uch &s;entence given enter his appeal before the &s;aid Governour, and within fifteen days more petition the Governour of this Province for the time being to examin the &s;entence of the &s;aid Judge, or appoint &s;uch other per&s;on or per&s;ons as be &s;hall think fit to hear and determin the &s;ame, who&s;e &s;entence &s;hall be final, without other appeal, repeal or review. And for that divers Bonds have been taken by the &s;everal and re&s;pective County Courts of this Province is the name of the wor&s;hipful Commi&s;&s;ioners of the County Court, or in &s;ome &s;uch other terms amounting thereunto, and for the u&s;e of the &s;everal and re&s;pective Orphans in the &s;everal and re&s;pective Countys of this Province, with condition to pay to the &s;aid Commi&s;&s;ioners or Ju&s;tices of the Peace the re&s;pective &s;ums of tobacco or money in the re&s;pective conditions con|tained in pur&s;uance of this Act, when in truth the &s;aid Comi&s;&s;ioners of the County Court are no Body politick nor capable of &s;uing the &s;aid Bonds to and &s;o the u&s;e of any Orphan within this Province.</P>
<P>Be it Enacted by the Authority afore&s;aid, that all Bonds &s;o as before taken, to and for the u&s;e of any Orphans in this Province in pur&s;uance of this Act, &s;hall be
<PB N="91" REF="49">&s;ued and recovered in the names of the Orphans to who&s;e u&s;e &s;uch Bonds wer<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> taken, either in the County or Provincial Court at the election and choice of th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;aid Orphans, any Statute or u&s;uage to the contrary hereof in any wi&s;e notwith+&s;tanding. And for the ea&s;e and benefit of the good people that hereafter &s;hall have occa&s;ion to re&s;ort to the &s;aid Judge in te&s;tamentary cau&s;es for the probat of Wills and granting Admini&s;trations,</P>
<P>Be it Enacted by the Authority afore&s;aid, that the Commi&s;&s;ary General of this Province, Chancellor or other Per&s;on that &s;hall from time to time be appointed as Judge in te&s;tamentary cau&s;es for granting admini&s;trations, &s;hall from time to time and at all times during his continuance in &s;uch office, con&s;titute ordain and ap|point &s;ome able and &s;ufficient per&s;on of good repute and a freeholder in every re|&s;pective County within this Province to take the probat of any la&s;t will or te&s;ta|ment of any per&s;on or per&s;ons either noncupative or in writing, even tho' the fame be concerning titles of Land, and likewi&s;e the granting of any admini&s;tration of per&s;ons dying inte&s;tate in the re&s;pective Countys where each per&s;on or per&s;ons &s;o appointed &s;hall re&s;ide and inhabit, which &s;aid per&s;on in each re&s;pective County of this Province &s;o appointed as aforesaid, &s;hall and may take the proof of any will what&s;oever as afore&s;aid, of any per&s;on as afore&s;aid within the County as afore&s;aid and grant Letters te&s;tamentary upon the &s;ame, and likewi&s;e grant any admini&s;tra|tions to any per&s;on or per&s;ons what&s;oever that right has to the admini&s;tration of any per&s;on deceas'd within the County where he dwelleth as afore&s;aid: But if a|ny conte&s;t or di&s;pute &s;hall ari&s;e between any per&s;ons concerning the right to Ad|mini&s;trations or Executor&s;hip, the &s;ame &s;hall be divided by the Chancellor, Com|mi&s;&s;ary General or Judge in te&s;tamentary cau&s;es, and not by &s;uch per&s;on appoint|ed in each County as afore&s;aid, neither &s;hall &s;uch per&s;on grant admini&s;tration or take the probat of &s;uch will till &s;uch time as &s;uch dispute and difference &s;hall be de|cided and determined by the proper Judge thereof, and certificate from &s;uch Judge of the &s;ame, and &s;uch per&s;on &s;o appointed as afore&s;aid, &s;hall and is hereby allowed as a fee for granting &s;uch Letters of Admini&s;tration as afore&s;aid, &s;wearing the Ad|mini&s;trators and Apprai&s;ors as for the probat of any will, and &s;wearing the Execu|tor or Executrix and Letters te&s;tamentary the &s;um one hundred and fify pounds of tobacco, to be paid by &s;uch per&s;on or per&s;ons requiring admini&s;tration or letters te&s;tamentary as afore&s;aid, unle&s;s the E&s;tate be &s;o &s;mall as the Inventary of &s;uch E&s;tate doth not amount to two thou&s;and pounds of tobacco as afore&s;aid, there &s;hall be paid to &s;uch per&s;on &s;o appointed for &s;uch Letters of Admini&s;tration or Letters Te&s;tamentary as afore&s;aid the &s;um of fifty pounds of tobacco and no more, and then in every &s;uch ca&s;e the Commi&s;&s;ary General &s;hall have no fees.</P>
<P>Be it Enacted by the Authority afore&s;aid, that all Guardians of Orphans that &s;hall have any real E&s;tate in lands with the Orphan or Orphans to whom the &s;ame belongs committed to them, other then &s;uch whom the Te&s;tator in his life time by his la&s;t Will and Te&s;tament hath otherwi&s;e ordered and dispo&s;ed of, within one month after the taking upon him or her the guardian&s;hip of &s;uch Orphan or Orphans &s;hall with one Commi&s;&s;ioner of the &s;aid County where the land lyeth &amp; two other per&s;ons of good repute and well skill'd in building &amp; Plantation affairs neither of them being of kin, indebted or otherwi&s;e intere&s;ted in either Orphan or Guardian enter into the &s;aid Land and Plantation to &s;uch orphan or orphans be|longing, and view the dwelling hou&s;es and out hou&s;es, lands, orchards and fences that are upon the &s;aid Plantation, and then and there the &s;aid two per&s;ons &s;o qua|lified as afore&s;aid, &s;hall take their corporal oaths upon Holy Evangeli&s;ts by the &s;aid Commi&s;&s;ioner to be admini&s;tred, that according to the be&s;t of their skill and judgment they will make a ju&s;t e&s;timate of the annual value of the &s;aid lands and plantation, and what dwelling hou&s;es, out hou&s;es and orchards are upon the &s;ame, and what repair they are in, and in what part of the &s;aid land they judge the &s;aid Guardian may be further permitted to clear upon the &s;aid Plantation, as well to rai&s;e the yearly rent &s;o valued as afore&s;aid, as al&s;o towards his yearly charge in keeping the &s;aid dwelling hou&s;es, out hou&s;es, orchards and fences in repair and &s;o by him to be left, always having a regard to leave a proportionable part both for quality and quantity of the uncleared Land, for the benefit and advantage of the Orphans or Heir when at age to po&s;&s;e&s;s the &s;aid Land or Plantation, as al&s;o the Orphans maintenance out of the &s;ame, where the profits of per&s;onal e&s;tates be not &s;ufficient to maintain him or them, and the &s;ame to certify under their hands and
<PB N="92" REF="50">&s;eals atte<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ed by the Commi&s;&s;ioner &s;o admini&s;tring the oath as afore&s;aid, in the County Court next en&s;uing after &s;uch view &s;o had and made as afore&s;aid, &amp; there to remain upon Record until the &s;aid Orphan or Heir come to age, which certifi|cate &s;o entred and remaining upon Record as afore&s;aid &s;hall be &s;ufficient Evidence in Law for the &s;aid Orphan or Orphans to recover double damages in an Action of wa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, by them to be brought when at age for any wa&s;t, &s;ale or de&s;truction com|mitted or done in any of the premi&s;&s;es, other then what the per&s;ons have certify'd and thought nece&s;&s;ary, with due re&s;pect had to all circum&s;tances and matters afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that the Commi&s;&s;ioners of each County Court within this Province by vertue of this Act &s;hall have full power from time to time, and at all times hereafter upon pre&s;entment of the Or|phan jury, or other information given to them of any &s;uch &s;ale, wa&s;t or de&s;tructi|on made, done or committed upon any Orphans real E&s;tate by any &s;uch Guardi|ans by legal Warrant to cau&s;e the &s;aid Guardian to appear before them in the County Court, &amp; ii upon examination thereof the &s;aid information be &s;ufficiently provid, that the &s;aid Guardian to an&s;wer the damages of &s;uch wa&s;t by him com|mitted contrary to the Law, when Orphans come to age that then the &s;aid Com|mi&s;&s;ioners do require the &s;aid Guardian to give &s;ufficient Security to make &s;atisfac|tion to the &s;aid Orphan or Orphans when at age as afore&s;aid, and upon refusal thereof, as the &s;aid Orphan or Orphans if at age, to choo&s;e his her or their Guardi|ans &s;hall elect, and if not, then &s;uch other as the Commi&s;&s;ioners &s;hall think meet being willing to take the &s;ame, who &s;hall injoy the &s;aid Land or Plantation, com|mitting no wa&s;t and performing all &s;uch matters and things at his entry thereupon as is by this Act required until the &s;aid Orphan comes to age, and the &s;aid per&s;on &s;o cho&s;en, or by the ju&s;tices put in po&s;&s;e&s;&s;ion as afore&s;aid, &s;hall in the name and to the u&s;e of &s;uch Orphan bring his Action of Wa&s;t again&s;t the former Guardian for the damages by him committed, and the Comi&s;&s;ioners of each respective County are hereby oblig'd to give the &s;ame in charge every June Court to the &s;aid Orphan Jury under the penalty of five hundred pounds of tobacco each Ju&s;tice, one half thereof to his Maje&s;ty towards the Support of Government, and the other half to him or them that &s;hall Sue for the &s;ame, to be recovered in the Provincial Court by Bill Plaint or Information, wherein no E&s;&s;oyn Protection or wager of Law to be allow'd.</P>
<P>And Be it Enacted by the Authority aforere&s;aid, that the &s;ev'ral and re&s;pective Deputy Commi&s;&s;arys which are and &s;hall be in each &s;everal &amp; re&s;pective Countys within this Province &s;hall and are hereby &s;ufficiently authoris'd and impower'd to pa&s;s audite and allow all &s;uch accounts as &s;hall come before them relating to dead Mens E&s;tate wherein they have granted Letters of admini&s;tration or Letters te&s;ta|mentary not exceeding fifty pounds &s;terling, &amp; to transmit the &s;ame to the Com|mi&s;&s;ary General, for which pa<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ing &s;uch accounts the &s;aid deputy Commi&s;&s;ary is to be allowed as a fee the &s;um of <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">fty pounds of tobacco and no more, and if &s;uch deputy Comi&s;&s;ary as afore&s;aid &s;hall exact, demand or receive of any per&s;on what|&s;oever more h<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> is by this Law for executing &s;uch his Office is allow'd him, he &s;hall be liable to &s;uch pains &amp; penaltys as are included in a certain Act for limit|ting Officer, fees within this Province, but in ca&s;e it &s;hall &s;o hapden that only per&s;on or per&s;ons having any inetre&s;t or claim in &s;uch E&s;tates &s;hall make any ob|jections to the legality or intere&s;t of any article or articles contain'd in the &s;aid ac+counts, then the &s;aid deputy Commi&s;&s;arys are forthwith to mark &s;uch articles and transmit the accounts with all papers thereunto belonging unto the Commi&s;&s;ary General, before wh<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> all partys concern'd are to appear &amp; defend their intere&s;t.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that it &s;hall be at the election of &s;uch Widows having dev<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s as afore&s;aid, to take and receive the &s;ame in full &s;atis|faction of all claims and rights to both per&s;onal and real E&s;tate, and be thereby barr'd for ever from all claims to the &s;ame, or to refu&s;e &s;uch Legacys and Devices as afore&s;aid, and take their third part of the per&s;onal and real E&s;tate as Widdows who&s;e Husbands die inte&s;tate in this Province. And whereas many Orphans have greatly &s;uffered by the &s;econd marriage of &s;uch Widdows, who having their E&s;tates in po&s;&s;e&s;&s;ion by will or Right of admini&s;tration, either by the one or b<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> of them the &s;aid E&s;tates have been wa&s;ted and imbezled, and if the Woman die, the &s;aid Husband refu&s;es to render an account of &s;uch E&s;tate, alleadging that he
<PB N="93" REF="50">is neither Executor nor Admini&s;trator of his Wife, nor of her former Husband, whereas at common Law a Woman Covert Executrix can do no act to prejudice her Husband, all &s;uch acts during the &s;ame be void without his con&s;ent, he not preventing &s;uch wa&s;t when in his power ought to an&s;wer for the &s;ame.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, <HI>&amp;c.</HI> that every &s;uch per|mitting and &s;uffering &s;uch wa&s;t by &s;uch &s;econd Husband during the coverture, &s;uch Husband &s;hall account for the &s;ame, and be lyable to be &s;ued for the &s;aid E&s;tate due to &s;uch Orphan by &s;uch Orphan if at age, or if under age by his Guardian, as well as the Security, or together with his Wife if living, and if the Security be in&s;olvent then by him&s;elf, and al&s;o for all wa&s;t committed by his Wife before marriage if &s;ued during coverture; And whereas Orphans of per&s;ons dying inte&s;tate by the good provi&s;ion of this Law in committing them to the care of the County Court to in&s;pect the good condition of their Securitys and good u&s;uage as afore&s;aid, are by experience found to be in better condition in re&s;pect of both than the Orphans of Te&s;tators, who&s;e Executors hitherto rarely given any Security, and that the Security they have given many times proved in&s;olvent.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, that the Judge for probat of Wills &s;hall hereafter take good and &s;ufficient Security of all Executors and Admi|ni&s;trators to the u&s;e of any Orphan or Orphans in any Will mentioned (and not &s;olely to their own u&s;e) for the true performance of &s;uch la&s;t will and te&s;tament according to the Law and Intent of the Te&s;tator, and the Ju&s;tices of the &s;everal County Courts &s;hall at the &s;ame time that they by the Jury inquire of the good u&s;uage and good condition of the Security, or other Orphans &s;hall al&s;o inquire of the&s;e, and if they find the Securitys like to be in&s;olvent or the Orphans ill u&s;ed, to transmit the &s;ame to the Judge for probat of wills for the time being to be relieved according to Law and the Te&s;tators intent. And for the more &s;peedy admini&s;tra|tion of Ju&s;tice to Orphans, Legatees and others in his Maje&s;tys Court for probat of wills and granting admini&s;trations which hath hitherto by the tedious methods u&s;ed in Chancery before the Judges Sentence in the &s;aid Court can take effect, the methods of <HI>England</HI> being at pre&s;ent not practicable here.</P>
<P>Be it therefore Enacted by the Authority afore&s;aid, that ev'ry per&s;on or per&s;ons that &s;hall not after Sentence given in the &s;aid Court again&s;t him or them within fifteen days after &s;uch &s;entence enter his Appeal with the &s;aid Judge from &s;uch &s;en|tence, and within 15 days more procure an examination thereof by a Court of Delegates, nor in the mean time comply with the Sentence of the &s;aid Judge, it being &s;ent to them under the hand and &s;eal of the &s;aid Judge, nor give in Security to perform the &s;ame and oath made of the refu&s;al thereof, it &s;hall and may be law|ful for the &s;aid Judge to i&s;&s;ue forth of the &s;aid Office under his hand and &s;eal an at|tachment again&s;t the bodys of &s;uch per&s;ons &s;o refu&s;ing, and him or them to impri|&s;onment until he or they &s;atisfy and comply with the &s;aid &s;entence or give in good &s;ecurity to do the &s;ame, this Law not to barr the &s;aid Judge to proceed again&s;t per&s;ons not complying with &s;entences given before the making of this Act accord|ing to the former u&s;uage and cu&s;tom to compel them to the &s;ame; And whereas Orphans and Creditors are many times injured by the low apprai&s;ments &amp; under|valuing of the E&s;tates of the deceas'd. therefore</P>
<P>Be it Enacted by the Authority afore&s;aid, that when any Executor or Admini|&s;trator doth apprai&s;e the E&s;tate of the deceas'd he &s;hall give notice of &s;uch his ap|praisment, and call together two of the next of kin to the &s;aid deceas'd and two of the Creditors of the &s;aid deceas'd if any then be, who &s;hall be pre&s;ent at the &s;aid appraisment with the &s;worn apprai&s;ors, and &s;hall certify to the Commi&s;&s;ary or his deputy under their hands that they were pre&s;ent at the appraisment &amp; do approve thereof, and if any Executor or Admini&s;trator return any Inventary without &s;uch certificate as afore&s;aid the &s;aid Judge or his deputy in each re&s;pective County of this Province &s;hall not accept or receive the &s;ame into his or their Office.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for enrolling of Conveyance, and &s;ecuring the E&s;tate of Purcha&s;ers.</HEAD>
<P>FOR the better e&s;tabli&s;hing a way and method for conveying of Mannors, Lands, Tenements and Heridatamets for the future, and for the avoiding a|bu&s;es and deceits by Mortgages</P>
<P>BE IT ENACTED by the .Kings mo&s;t Excellent Maje&s;ty by &amp; with the
<PB N="94" REF="51">Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authoity of the &s;ame, that from and after the publication hereof no Mannors, Lands, Tenements or Heridataments what&s;oever within this Province &s;hall pa&s;s, alter or change from one to another whereby the E&s;tate of Inheritance, or Freehold or any E&s;tate for a|bove &s;eaven years &s;hall be made to take effect in any per&s;on or per&s;ons, or any u&s;e or tru<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> except the Deed or Conveyance by which the &s;ame &s;hall be intended to pa&s;s, alter or change the &s;ame be made by writing, indented and &s;ealed, and the &s;ame to be acknowledged in the Provincial Court or before two ju&s;tices thereof, or in the County Court, or before two Ju&s;tices of the &s;ame where &s;uch Mannors, Lands, Tenements or Heriditaments do lie, and &s;uch Deed or Conveyance to be inrolled in the Provincial or County Court where the &s;ame doth ly, &s;uch inroll|ment to be made within twelve months after the date of &s;uch writing indented as afore&s;aid, and for the caption of &s;uch inrollment there &s;hall be paid to the partys taking the &s;ame twelve pence &s;terling and no more, and the Clark &s;hall well and &s;ufficiently inroll &s;uch Deed or Conveyance in a good &s;ufficient Book in Folio, to remain in the cu&s;tody of the Clark of the &s;ame Court for the time being among&s;t the Records of the &s;ame Court, and that the &s;ame Clark &s;hall on the back of ev'ry &s;uch Deed in a full legible hand make an indorsment of &s;uch inrollment, and al&s;o of the Folio of the Book in which the &s;ame &s;hall be inrolled, and &s;hall unto &s;uch indorsment &s;et his hand.</P>
<P>Provided always, and be it hereby Enacted by the Authority afore&s;aid, that when the grantor or grantors bargainor or bargainors of &s;uch lands, tenements or heriditaments &s;hall live remote from either the Provincial Court or County Court, where the land lieth, it &s;hall and may be lawful for &s;uch grantor or bargainor to acknowledge the &s;ame in the County where &s;uch bargainor liveth, and a certificate of &s;uch acknowledgment under the hand of the County Clark and under the Seal of the &s;ame County, &s;u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">h acknowledgment &s;hall be taken, deem'd, reputed &amp; be as good and valid as if the &s;ame had been acknowledged either in the Provincial or County Court where &s;uch land lieth, and be a &s;ufficient Warrant for &s;uch County Clark where the land lieth to inroll the &s;ame, and if any &s;uch grantor or bargainor of any &s;uch lands or tenements as afore&s;aid &s;hall happen to be out of this Province and within any his Maje&s;tys Dominions at the time of the en&s;ealing &s;uch writing or writings indented, &s;o as the &s;ame cannot be acknowledg'd in manner and form as is-before directed or inrolled, within the time for that purpo&s;e herein before limit|ted, that in ev'ry &s;uch ca&s;e, &s;uch lands or tenements as afore&s;aid &s;hall be ecknow|ledged by Letter of Attorney well and &s;uffieiently proved, either in the Prouincial or County Court where &s;uch lands or tenements lie, or before two Ju&s;tices of the Provincial or County Court as afore&s;aid for acknowledgment and be inrolled as a|fore&s;aid, any thing herein before contained to the contrary hereef notwith&s;tand|ing.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that every &s;uch writing indeared to be acknowledged and intolled as afore&s;aid, &s;hall have relation as to the pa&s;&s;ing and conveying of the premi&s;&s;es, and the E&s;tate and E&s;tates thereby pa&s;&s;ed or intended to be pa<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ed and conveyed by &amp; from the day of the inrollment of the &s;ame and not from the day of the date thereof, and &s;hall at all times be con&s;trued and take more &s;avourably and beneficially for the benefit and advantage of the grantee or grantees, and more &s;trongly for the barring of the grantor or grantors therein to be named, and according to &s;uch intents as the words thereof &s;hall ap|pear to have been the true intent of the partys thereunto, altho' the &s;ame be not &s;o firmly drawn as is u&s;ed in <HI>England,</HI> where the advice of Council learned in the law may ea&s;ily be had.</P>
<P>Provided always, that if any Feme Covert be named a party grantor in any &s;uch writing indented, the &s;ame &s;hall not be of force to debar her or her heirs, ex|cept upon her acknowledgment of the &s;ame, and the per&s;on or per&s;ons taking &s;uch her acknowledgment &s;hall examin her privately out of the hearing of her husband whether &s;he Goth make her acknowledgment of the &s;ame willingly and freely, and without being induced thereunto by fear or threats of or u&s;ed by her husband or fear of his displea&s;ure, and the per&s;on or per&s;ons &s;o examining her &s;hall in a note or certificate of the &s;aid caption of the &s;aid acknowledgment certify her examina|tion and acknowledgment thereupon, and that &s;uch certificare be likewi&s;e inroled upon Record, in which ca&s;e &amp; by &s;uch Feme Covert &s;hall be barr'd and not other|wi&s;e, any thing herein before contain'd to the contrary notwith&s;tanding.</P>
<PB N="95" REF="51">
<P>WHEREAS there have been &s;everal Acts provided again&s;t &s;ervants run|aways which have hereto proved ineffectual, in regard they do not &s;ufti|ciently provide incouragement for &s;uch per&s;on or per&s;ons inhabitants of this Pro|vince as &s;hall &s;eize &s;uch runaways or &s;ervants by this Act deemed runaways, there|fore for the better discovery &s;eizing and apprehending &s;uch runaways,</P>
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that from &amp; after the publication hereof no &s;ervant or &s;ervants what&s;oever within this Province whether by Indenture or according to the cu&s;tom of the coun|try or hired for wages, &s;hall travel by land or water ten miles from the hou&s;e of his her or their Ma&s;ter Mi&s;tre&s;s or Dame without a noat under their hands, or under the hand of his or their Over&s;eer if any be, under the penalty of being taken for a runaway, and to &s;uffer &s;uch penaltys as are hereafter provided again&s;t runaways.</P>
<P>And it is hereby further Enacted by the Authority afore&s;aid, that any &s;uch &s;er|vant or &s;ervants as afore&s;aid unlawfully ab&s;enting him her or them from his her or their &s;aid Ma&s;ter, Mi&s;tre&s;s, Dame or Over&s;eer &s;hall &s;erve ten days for every one days ab&s;ence, to be judged when &s;uch Ma&s;ter, Mi&s;tre&s;s or Dame &s;hall bring their &s;aid &s;ervant before the Ju&s;tices of the Provincial or County Court where the owne<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ma&s;ter or dame or over&s;eer of &s;uch &s;ervant &s;hall live during the &s;itting of the Court, be it before or after the expiration of &s;uch &s;era abrs fir&s;t time of &s;ervice by Indent|ure or otherwi&s;e.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that any per&s;on or per|&s;ons what&s;oever that &s;hall wittingly and willingly detain any &s;uch &s;ervant or &s;er|vants unlawfully ab&s;enting him her or them&s;elves as afore&s;aid, &s;hall be fined five pounds of tobacco for every night or four and twenty hours that &s;uch per&s;on or per&s;ons &s;hall give entertainment to &s;uch &s;ervant or &s;ervants unlawfully ab&s;enting him her or them&s;elves as afore&s;aid, the one half to his Maje&s;ty for the &s;upport of Government, and the other half to the informer or him or them that &s;hall &s;ue for the &s;ame, to be recovered in any County Court of this Province by Action of debt bill plaint or information, wherein no e&s;&s;oyn protection or wager of Law to be allow'd.</P>
<P>And for the better discovery of runaways, it is hereby Enacted by the Authori|ty afore&s;aid, that any per&s;on or per&s;ons what&s;oever within this Province traveling out of the County where he &s;he or they &s;hall live or re&s;ide without a pa&s;s under the Seal of the &s;aid County, for which they are to pay ten pounds of tobacco o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> one &s;hilling in money, &s;uch per&s;on or per&s;ons if apprended not being &s;ufficiently known, or able to give a good account of them&s;elves, to be left to the di&s;creton &amp; judgment of &s;uch Magi&s;trate or Magi&s;trates before whom &s;uch per&s;on or per&s;on as afore&s;aid &s;hall be brought to judge thereof, and if before &s;uch Magi&s;trate &s;hall be deemed and taken as runaway, and &s;hall &s;uffer &s;uch fines and penaltys as i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> hereby provided again&s;t runaways.</P>
<P>And for the better incouragement of all per&s;ons to &s;eize and take up &s;uch runa ways, it is Enacted by the Authority afore&s;aid, that all and every per&s;on or per|&s;ons as aforesaid, &s;eizing or taking up &s;uch runaways traveling without pa&s;&s;es as a fore&s;aid, not being able to give a &s;ufficient account of them&s;elves as afore&s;aid &s;ha have and receive two hundred pounds of tobacco to be paid by the owner of &s;uc|runaway &s;o apprehended and taken up if a Servant, and if a Freeman &amp; refu&s;ing to pay the &s;ame, then to make &s;atisfaction by &s;ervitude or otherwi&s;c as tha Ju&s;tice of the Provincial or County Courts where &s;uch per&s;on &s;hall be &s;o apprended an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> our Neighbour Indians to &s;eize, apprehend or take up any runaway &s;etvants, and bring them before &s;ome Magi&s;trat, &s;hall for a reward have a matchcoat paid him or them or the value thereof which &s;aid reward to be repaid &amp; &s;atisfied by the county where &s;uch per&s;on &s;hall be apprended, and &s;uch runaway to reimbur&s;e the &s;aid County by &s;ervitude or otherwise as the Ju&s;tices of the Provincial or county court &s;hall think fit.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that at what time soever any of the said per&s;ons runaway &s;hall be seized by any per&s;on or persons within this Province, such person or persons so apprehending or seizing the same &s;ha|bring
<PB N="96" REF="52">or cause him or them to be brought before the next Magi&s;trate or Ju&s;tice of the County where such runaway is apprehended, who is hereby impower'd to take into his cu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tody, or otherwise him her or them to secure and dispose as he &s;hall think <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t, until such person or persons so seized and apprehended &s;hall give suffi|cient security to answer the premi&s;&s;es the next Court that &s;hall fir&s;t ensue in the &s;aid County, who is al&s;o to &s;ecure &s;uch per&s;on or per&s;ons till he or they can make &s;atisfaction to the party that &s;hall &s;o apprehend or &s;eize &s;uch runaway or otherper &s;on as by this Act is required, except &s;uch per&s;on &s;hall make &s;atisfaction as afore|&s;aid before &s;uch Court &s;hall happen, &amp; that notice may be conveniently given to the ma&s;ter, mi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ti&s;s, dame or over&s;eer of runaways taken up as aforefaid, the Ju&s;t|iecs of the peace or the Commi&s;&s;ioners of County &s;hall forthwith cau&s;e a noat of the runaways name &s;o &s;eized or apprehended as aforesaid, and al&s;o cau&s;e a noat to be &s;et up at the next adjacent County Courts, and at the Provincial Court and Se|cretarys Office, that all per&s;ons may view the &s;ame, and &s;ee where &s;uch their Ser|vants are and in who&s;e cu&s;tody.</P>
<P>And furthermore, for the better a&s;certaining what each &s;ervant according to the cu&s;tom or the Country &s;hall have at the expiration of their &s;ervitude, Be it Enact|ed by the Authority advice and Con&s;ent afore&s;aid, that every Man Servant &s;hall at &s;uch time of expiration of his &s;ervitude a&s;ore&s;aid, have allowed and given him one new hat, a good cloth &s;uit either of ker&s;y or broad cloth, a &s;hift of white lin|nes to b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> new one pair of new french fall &s;hoes and &s;tockings, two hoes and one ax, and one gun of twenty &s;hillings price not above four foot by the barrel, nor le&s;s than three and a nalf; all Woman Servants at the expiration of their &s;ervitude as afore&s;aid, &s;hall have allowed and given her the like provi&s;ion of cloaths and three barre's of indion corn, and to the intent the many great mischie&s;s and incoveni|encys ar<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ing &amp; accrewing to divers good prople of this Province by transporting or carrying and conveying away or cau<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ng to be transported carried or convey'd away out of this Province any inhabitant within this Province whether Ma&s;ter or Freeman not thereunto lawfully licenced, or an Apprentice hired Servant or &s;lave may for the future be prevented,</P>
<P>Be it further <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> by the Authority afore&s;aid, that every per&s;on or per&s;ons that &s;hall transport, carry or convey away or cau&s;e to be transported carried or convey'd away out of his Province any inhabitant of this Province that is or &s;hall be indebted or ingaged here &amp; not having a &s;ufficient licence or pa&s;s according to the Law of this Province in &s;uch ca&s;e made and provided, &s;hall be lyable to pay al &s;uch debes, ingagements or damages as the &s;aid-per&s;on or per&s;ons for ransported, carried or convey'd away &s;hould be lyable to &s;atisfy to any per&s;on to whom the &s;ame &s;hall be re&s;pectively due in this Province, unle&s;s the &s;ame be otherwi&s;e &s;a|tisfied in &s;ome convenient time, or that in &s;hort time he cau&s;e or procure &s;uch per|&s;on or per&s;ons &s;o carried and convey'd away to return again into this Province, whereby he may be lyable unto Ju&s;tice here, and any per&s;on or per&s;ons what&s;oe|ver that &s;hall from henceforth intice, transport or privatly carry away out of this Province any apprentice, hired or other &s;ervant or &s;lave belonging to any inhabi|tant in this rovince &s;hall for every &s;uch offence for&s;eit and pay to the imployer or owner of &s;uch apprent ce hired or other &s;ervant or &s;lave trebble damages and co&s;t, to be adjudged by the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">u<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ices of each re&s;pective County Court, or the Ju&s;tices of the Provincial Court for the time of &s;uch apprentices hired or other &s;ervants or &s;laves unlawfully transported or carried away as afore&s;aid.</P>
<P>And whereas many great inconveniencys happened and accrewed unto many Ma&s;ters, Mi&s;tre&s;&s;es or Dames within this Province by the wickedne&s;s &amp; infidelity of &s;ervants purloyning their &s;aid Mater M<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">tre&s;s or Dames Goods, &amp; then by bar|tering, &s;elling and conveying away the &s;ame unto Seamen and others whereby Ma&s;ters and Mi&s;tre&s;&s;es of Familys are or have been very much damnified &amp; abu&s;ed for prevention whereof for the future <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e it further Enacted by the Authority afore|&s;aid, that no per&s;on what&s;oever &s;hall trade, barter, commerce or any ways deal with any &s;ervant whether hired or indented, or &s;lave belonging or appertaining to any inhabitants within this Province without &s;eave or licence fir&s;t had &amp; obtain'd from &s;uch &s;ervants ma&s;ter, mi&s;tre&s;s, dame or over&s;eer for his &s;o doing under the pe|nalty of two thon&s;and pounds of tobacco, the one half thereof to his Maje&s;ty for &s;upport of government, the other half to the ma&s;ter, mi&s;tre&s;s or true owner of &s;uch goods &s;o purloyned, bartered or conveyed away, when proved by &s;ufficient wine&s;s
<PB N="97" REF="52">or con&s;e&s;&s;ion of the party, to be recovered in any Court of this Province by action of debt, bill plaint or information, wherein no e&s;&s;oyn protection or wager of Law to be allowed.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, <HI>&amp;c</HI> that if the goods &s;o traded or bartered as afore&s;aid &s;hall exceed the &s;um of one thou&s;and pounds of to|bacco, that then the party or partys who&s;e goods &s;hall be imbezled or bartered a|way as afore&s;aid, &s;hall have his action at law for the damage &s;u&s;tained again&s;t the per&s;on or per&s;ons &s;o offending, dealing &amp; bartering for the &s;ame, any thing in this Act to the contrary hereof in any wife notwith&s;tanding. And in ca&s;e &s;uch per&s;on or per&s;ons &s;o offending &s;hall not be able to &s;atisfy the &s;ame, then &s;uch per&s;on or per&s;ons &s;hall be bound over by &s;ome one Ju&s;tice of the Peace and put in &s;ecurity either to appear at the Provincial or County Court whereupon conviction by con|&s;e&s;&s;ion or &s;ufficient witne&s;s the offender &s;hall be puni&s;hed by whipping an the bare back with thirty &s;tripes.</P>
<P>And for the a&s;certaining and limitting of &s;ervants &s;ines of &s;ervitude, Be it En|acted by and with the Advice and Con&s;ent aforerefaid, that who&s;oever &s;hall transport any &s;ervant into this Province without Indentures, &s;uch &s;ervant being a|bove the age of 22 years &s;hall be obliged to &s;erve the full &s;pace &amp; term of 5 years, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">f betweenn 18 and 22 without Indentures 6 years, if between 15 and 18 without Indentures 7 years, if under 15 and without Indentures &s;hall &s;erve till he or they arrive at the full age of 22 years.</P>
<P>And Be it further Enacted by the Advice Con&s;ent and Authority afore&s;aid, that all Servants transported out of Virginia into this Province &s;hall compleat their time of &s;ervitude here which they ought to have &s;erved in Virginia &amp; no more.</P>
<P>And be it further enacted, that every ma&s;ter, mi&s;tre&s;s or dame, a&s;&s;ignee or trus|tee what&s;oever owning or keeping any &s;uch &s;ervant as afore&s;aid, whether by virtue of transportation purcha&s;e or otherwi&s;e, &s;hall within &s;ix months after the receiving &s;uch &s;ervant into their cu&s;tody within this Province, except he &s;he or they claim but five years &s;ervice of &s;uch &s;ervants, bring the &s;aid &s;ervants into the re&s;pective County Courts where they do inhabit, and every of the &s;aid Courts are hereby authorized to judge and determin of the age of &s;uch &s;ervants &s;o bought and cau&s;e the &s;ame to be entred upon Record, and every owner as afore&s;aid, neglecting or refu&s;ing to <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ing &s;uch &s;ervant or &s;ervants before the Court as afore&s;aid, &s;hall not only &s;tand to the determication of the Court, but al&s;o forfeit the &s;um of one thou|&s;and pounds of tobacco to the King for the &s;upport of government, for depriving the Court of their opportunity of viewing the partys, &amp; if any Ma&s;ter or Servant afore&s;aid be grieved with the determination of the Court, he &s;hall within the time determined for their &s;ervice produce a certificate authentick of &s;uch &s;ervants age, &amp; &s;hall have remedy to the ages afore&s;aid mentioned.</P>
<P>And forasmuch as disputes have formerly aro&s;e at what time &s;ervants time of &s;ervitude whether by Indenture or otherwi&s;e &s;hould commence, for the better ex|planation whereof for the future, Be it enacted by the authority afore&s;aid, that all Servants transported into this Province whether by Indenture or otherwi&s;e, the time of &s;ervice of &s;uch Servant &s;o bound or adjudged as afore&s;aid &s;hall commence <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">om the fir&s;t anchoring of the Ve&s;&s;el within this Province, any law u&s;uage or cus|tom to the contrary notwith&s;tanding.</P>
<P>And beit enacted al&s;o by the Advice Con&s;ent and Authority afore&s;aid, that no Indenture made by any Servant during the time of &s;ervice due by former Indenture or by determination according to the tenor of this Act &s;hall any ways oblige any Servant for longer time than by his fir&s;t Indenture or determination of the Court &s;hall be limitted and appointed, provided that this Act not any thing therein con|tained &s;hall not give or be con&s;trued to give any benefiit to any Negro or Slave what&s;oever.</P>
<P>And be it further enacted by ihe authority afore&s;aid, that for all &s;uch runaway Servonis or Slaves that &s;hall be apprehended and taken up in the Province of Pen|&s;ilv<GAP DESC="illegible" RESP="pdcc" EXTENT="4 letters"> or Colony of Virginia, and from thence brought into this Province and delivered to a Magi&s;trate of the County into which they &s;hall be brought, the per&s;on for &s;o doing &s;hall have paid and allow'd him by the ma&s;ter or owner of &s;uch runaway four hundred pounds of tobacco and cask, or forty &s;hillings in money, upon his producing a certificate from the &s;aid Ju&s;tice or Shs<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rif of the delivery of &s;uch runaway, except &s;ervants or runaways brovght from Accomack into Somer|&s;et
<PB N="98" REF="53">County, for &s;uch only two hundred pounds of tobacco &amp; twenty &s;hillings, an<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the like from that &s;ide of Virginia next the River Potomack, for which &s;aid &s;um or &s;ams paid &s;uch runaway &s;hall make &s;atisfaction when free, by &s;ervice or otherwi&s;e more than the ten days for one as the Court &s;hall adjudge; But if &s;uch per&s;on &s;o apprehended brought and delivered as afore&s;aid be a Freeman and refu&s;e to pay &s;uch &s;um or &s;ums of tobacco or money, then &amp; in &s;uch ca&s;e the Magi&s;trate before whom be &s;hall be brought &s;hall forthwith commit the &s;aid per&s;on &s;o refu&s;ing to pri|&s;on till he give &s;ufficient security or make full &s;atisfaction by service or otherwi&s;e.</P>
<P>And be it further enacted by the authority afore&s;aid, that if any ma&s;ter mi&s;tre&s;s or other owner of any &s;ervant what&s;oever, or over&s;eer by the order and consent of any such ma&s;ter mi&s;tre&s;s or owner &s;hall deny and not provide sufficient meat drink lodging and cloathing or &s;hall unreasonably burthen them beyond their &s;trength with labour, or debar them of their nece&s;&s;ary re&s;t and &s;leep, the &s;ame being &s;uffici|ently prov'd before the Ju&s;tices of the County Court the &s;aid Ju&s;tices have hereby full power and authority for their fir&s;t and second offence to leavy such fine upon &s;uch offender as to them &s;hall feem meet, not exceeding one thou&s;and pounds of tobacco, to the u&s;e of his Maje&s;ty his Heirs and Succe&s;&s;ors for the &s;upport of Go|vernment, and for the third offence to let &s;uch Servant so wronged at liberty and free from their &s;ervitude.</P>
<P>And be it al&s;o further enacted by the authority afore&s;aid, that all Ngro's &amp; o|ther Slaves already imported or hereafter to be imported into this Province, and al&s;o all Chidren now born, or hereafter to be born of &s;uch Negro's or Slaves &s;hall be Slaves during their natural lives.</P>
<P>And be it further enacted by the authority aforc&s;aid, that any white woman either free or a &s;ervant that &s;hall suffer her self to be begot with child by a Negro or other Slave, or ftee Negro, such woman so begot with child as aforesaid, if free &s;hall become a Servant for and during the term of seaven years, if a servant the &s;hall &s;ini&s;h her time of servitude together with the damage that &s;hall accrew to &s;uch per&s;ons to whom &s;he is a servant by occa&s;ion of any child or children begotten as aforesaid in the time of her servitude, and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er such satisfaction made &s;hall again become a servant for &amp; during the term of 7 years aforesaid, &amp; if such begetter of any such chile as aforesaid be a free Negro he &s;hall become a servant for &amp; during the term of seaven years aforesaid, to be adjudged by the ju&s;tices of the County Court where such fa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t is committed, according to this Law in the clause made and provided again&s;t such servants as have ba&s;tards, and the i&s;&s;ues or children of any such unnarural and inordinate copulations &s;hall be servants until they arrive at the age of 31 years, and any white man that &s;hall beget any negro woman with child whether freewoman or servant &s;hall undergo the same penaltys as white wo|men, all which times of servitude by this Act impos'd on any the persons i&s;&s;ue or children of such inordinate copulations &s;hall be taken care of by the Ju&s;tices of each re&s;pective County within this Province, and such servitude to be disposed of or imploy'd as the Ju&s;cices of such County &s;hall think fit, the produce whereof &s;hall be appropriated towards the relief of the poor.</P>
<P>And be it further enacted by the authority aforesaid, that ev'ry servant woman having a ba&s;tard child and nutable &s;ufficiently to prove the party charg'd to be the begettor of such child, in ev'ry such case the mother of &s;uch child &s;hall only be ly|able to &s;atisfy the damage so su&s;tained by servitude or otherwi&s;e as the Court be|fore whom such matter is brought &s;hall &s;ee convenient, provided that where the mother of any such child as aforesaid do prove her charge by sufficient te&s;timony of witne&s;&s;es, confe&s;&s;ion of the party charged, or pregnant circum&s;tances agreeing with her declaration in her extremity of her pains or throws of travel &amp; her oath taken by some magi&s;trate before the time of her delivery of ev'ry such ba&s;tard child or after her deliv'ry, then the party charg'd if a servant to &s;atisfy half the &s;aid damage if a Freeman then the whole damage by servitude or otherwise as the Court before whom &s;uch matter is brought as afore&s;aid &s;hall think fit, and if any &s;uch mother as aforesaid be able to prove by such te&s;timony or con&s;e&s;&s;ion of the party charg'd, that he being a &s;ingle per&s;on &amp; a Freeman did before the begetting of &s;uch child promi&s;e her marriage that then he &s;hall be at his choice either to per|form his promi&s;e to her or recompence her abu&s;e according as the Court before whom &s;uch matter is brought &s;hall adjudge.</P>
<P>And be it further Enacted by the Authority afore&s;aid, <HI>&amp;c.</HI> that after the end of
<PB N="99" REF="53">this pre&s;ent Se&s;&s;ion of A&s;&s;embly that it &s;hall and may be lawful for the Provincial and County Courts of this Province to hear &amp; determin any complaints between ma&s;ters and &s;ervants by way of petition to give Judgment and award Execution upon the &s;ame, and that upon any Apeal or Writ of Error brought upon the &s;ame from any County Court of this Province to the Provincial Court, or from the Pro|vincial Court to his Excellency the Governour and Council no &s;uch Judgment &s;hall be rever&s;ed for want of Judicial Proce&s;s, or that the &s;ame was not tried by Ju|ry, or any matter of form either in the entry or giving of Judgment, provided it appears by Record that the party De&s;endant was legally &s;ummoned and not con|demned unheard.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that Servants imported into this Province,, or any Servant that bindt him&s;elf for years within this Province or any bound out by the County Courts of this Province, that if any matter of dis|pute ari&s;es either in relation to their indentures, contracts or wages, or any other matter of difference between the faid Ma&s;ters and Servants the &s;ame &s;hall be tried, heard and determined by petition as afore&s;aid, any Law Statute or U&s;uage to the contrary notwith&s;tanding.</P>
<P><HI>An Act for impo&s;ing a Fine upon</HI> Edward Dor&s;ey, <HI>convicting him of a debt of three hundred thirty three pounds fix &s;hillings and eight pence to the King, and impo&s;ing a Fine on the Sherrif of</HI> Gaecil <HI>and</HI> Talbot <HI>Coun|ties.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the ordering and regulating the Militia of this Province for the better defence and &s;ecurity thereof.</HEAD>
<P>BE IT ENACTED by he Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authoity of the&s;ame, that from and after the end of this Se&s;&s;ions of A&s;&s;embly the Militia of this Province &s;hall be mu&s;tered, trained and exercifed according to the&s;e in&s;tructi|ons and directions following.</P>
<P N="1"><HI>1&s;t.</HI> That every Colonel, Major or Captain of Foot already commi&s;&s;ionated or hereafter to be commi&s;&s;ionated by his Excellency the Governour of this Province for the time being, &s;hall have power to enli&s;t &s;uch and &s;o many inhabiting within this Province not hereafter excepted in their &s;everal and re&s;pective divi&s;ions be|tween 16 and 60 years of age as they &s;hall think fit, by as equal propo&s;itions of the &s;aid inhabitants as po&s;ibly they can to be of the Militia or Trainbands of this Province, which &s;aid per&s;ons &s;o enli&s;ted, they &s;hall mu&s;ter, exerci&s;e and train in &amp; at&s;uch places, and at &s;uch certain times as to them &s;hall &s;eem meet, or the Service Safty or Defence of this Province &s;hall require, or as his Excellency the Governor of this Province for the time being &s;hall &s;ee cau&s;e to order.</P>
<P N="2"><HI>2dly.</HI> That every &s;uch Colonel, Major or Captain &s;hall give notice or &s;ummons upon every training or mu&s;t ering to ev'ry per&s;on &s;o enli&s;ted as afore&s;aid within his re&s;pective divi&s;ion or limit at the head of his company, or at the hou&s;e of the par|ty by an officer of his company or warrant under his hand to appear at &s;uch time and place as he &s;hall appoint for &s;uch training or mu&s;tering, and that if any Man after &s;uch notice given &amp; &s;ummons as afore&s;aid &s;hall neglect to appear at the place and time appointed as afore&s;aid, or that &s;hall re&s;u&s;e when he hath &s;o appeared to be enli&s;ted into the militia and trainbands afore&s;aid, or next that being &s;o enli&s;ted &s;hall not from time to time as he &s;hall be &s;ummoned or warned as afore&s;aid to ap|pear and bring with him one good &s;erviceable Gunn fixed with fix &s;hoots of pow|der, &s;hall for every &s;uch offence if a Freeman forfeit &amp; pay the &s;um of one hundred pounds of tobacco, and if a Servant letted or hindred by his Ma&s;ter, Mi&s;tre&s;s or Over&s;eer, then &s;uch ma&s;ter, mi&s;tre&s;s or over&s;eer to forfeit and pay the like &s;um of one bundred pounds of tobacco for every &s;uch &s;ervant &s;o letted or hindred as afore &s;aid, for the u&s;e of the Foot Company to purcha&s;e Drums and Colours and other nace&s;&s;arys for the Company as the Commanders thereof &s;hall direct. Provided that this clau&s;e be not to countenance any Officer to pre&s;s Arms or Ammunition
<PB N="100" REF="54">for any further Expedition or Service than training, but that upon all &s;uch occa&s;i|ons they be &s;upply <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> out of the County Magazine or Store, all which forfeitures &s;hall be adjudged of, heard and determined by &s;uch Colonel, Major or Captain of any Foot Company as afore&s;aid, and account thereof kept in writing by the clark of the company, which &s;aid Colonel, Major or Captain of &s;uch company as afore|&s;aid, is hereby authorized and impowered to award Execution again&s;t the Goods and Chattels of &s;uch per&s;ons &s;o refu&s;ing, neglecting or failing as afore&s;aid, &amp; that upon occa&s;ion of all &s;uch Executions the re&s;pective Clark and Sherrif of each re|&s;pective County within this Province &s;hall i&s;&s;ue out and &s;erve Execution without any Fee or Reward.</P>
<P N="3"><HI>3dly.</HI> And for &s;ettling the Hor&s;e Forces that a Captain of Hor&s;e in each re&s;pect|ive County for making up of his Troop elect and enli&s;t his number of Men out of the inhabitants of the &s;aid County, according to &s;uch in&s;tructions as he &s;hall from time to time receive from the Governour of this Province for the time being.</P>
<P>Provided always, that &s;uch Troopers &s;hall ride their own Hor&s;es, and that no per&s;on &s;hall be a Trooper without he be owner of a good &s;erviceable Hor&s;e which &s;hall pa&s;s mu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">er, and that &s;uch Troopers in con&s;ideration of their great pay here|after to be allowed, be bound and obliged to find them&s;elves with good able and &s;ufficient Furniture for their Hor&s;es, and likewi&s;e to find them&s;elves with Swords, Carbines, Pi&s;tols. Houl<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ers and Ammunition, and if any Troopers &s;hall neglect or refu&s;e upon notice giuen them as afore&s;aid (to the foot) to appear at mu&s;ters at the time and place appointed as afore&s;aid by each re&s;pective Captain of Hor&s;e accoutered and equipped as afore&s;aid, &s;hall forfeit &amp; pay the &s;um of one hundred pounds of tobacco to be leavied as afore&s;aid to the u&s;e of the Troop for purcha&s;ing of Trumpets and Colours and other nece&s;&s;arys as the Commander &s;hall think fit, and that all &s;uch Troopers for and in con&s;ideration afore&s;aid, at all &s;uch times as they are out a ranging &s;hall find their own provi&s;ions, but when in actual Service to be found provi&s;ions at the charge of this Province to be paid by the publick, &amp; if it &s;hall happen that any troopers Hor&s;e &s;hould be killed in the &s;ervice, then the &s;aid Trooper to be paid for the &s;aid Hor&s;e by the publick and not otherwi&s;e.</P>
<P N="4"><HI>4thly.</HI> That all per&s;ons in holy Orders, Delegates, Magi&s;trates and Con&s;tables &s;hall in their proper per&s;ons be exempted from being compelled to mu&s;ter &amp; train either in hor&s;e or foot during &s;uch time as they officiate or bear &s;uch offices as a|fore&s;aid, provided that this clau&s;e &s;hall, not extend to &s;uch per&s;ons as already have or hall hereafter accept of Commi&s;&s;ions for military &s;ervice from the Governour of this Province for the time being, &s;o as to di&s;charge &s;uch per&s;ons from their re|&s;pective charges mentioned in &s;uch their &s;everal and re&s;pective Commi&s;&s;ions, nei|ther &s;hall this lau&s;e or any part thereof be con&s;trued or taken to exempt any De|legates. Magi&s;trates or Con&s;tables as afore&s;aid to &s;end into the field to mu&s;ter or training either to hor&s;e or foot when and as often as due notice &amp; &s;umons to them &s;hall be given as afore&s;aid, &s;ome other per&s;on or per&s;ons in his or their &s;tead or places &s;o equipped and provided as afore&s;aid, upon forfeiture as afore&s;aid.</P>
<P>And Be it Enacted by the Authority afore&s;aid, that all Negro's &amp; Slayes what|&s;oever &s;hall be exempted the duty of training or any other military &s;ervice.</P>
<P N="5"><HI>5thly.</HI> That the pay for the Officers and Soldiers of the Foot and Hor&s;e afore|&s;aid, but not other then is hereafter mentioned, and for no longer time then &s;uch Officers and Soldiers &s;hall be in actual Service <HI>viz.</HI></P>
<P>To every Colonel of Foot 2000 pounds of tobacco <HI>per</HI> month, to a Major of Foot 1200 <HI>per</HI> mo: to a Captain of foot 1000 <HI>per</HI> mo: to a Lievetenant of foot 700 <HI>per</HI> mo: to an En&s;ign 600 <HI>per</HI> mo: to a Serjeant 400 <HI>per</HI> mo: to a Corporal 400 <HI>per</HI> mo: to a Drummer 400 <HI>per</HI> mo: to every private Soldier 300 <HI>per</HI> month.</P>
<P>To every Major General chief Commander in the Field 3000 <HI>per</HI> month, and that every Colonel of Hor&s;e have 2300 <HI>por</HI> mo<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> a Major of hor&s;e have <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">500 <HI>per</HI> mo: a Captain of hor&s;e to be allow'd 1300 <HI>per</HI> mo: a Lievt' of hor&s;e to be allow'd 1000 <HI>per</HI> mo: to a Cornet 900 <HI>per</HI> mo: to a Quarterma&s;ter <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">00 <HI>per</HI> mo: to a Corporal 700 <HI>per</HI> mo: to a Trumpeter 700 <HI>per</HI> mo: to every private Troopor 600 <HI>per</HI> month. And that all the&s;e rates and allowances for &s;uch Officers and Soldiers afore&s;aid &s;hall be allow'd and paid and no more, and that the months be|forementioned be accounted, computed and reckoned according to Calender and no otherwi&s;e.</P>
<P N="6"><HI>6thly.</HI> And to the intent that when&s;oever it &s;hall appear to the chief Governour
<PB N="101" REF="54">of this Province for the time being, or his Council to be nece&s;&s;ary to rai&s;e forces for the &s;uppre&s;&s;ing of any foreign inva&s;ion or dome&s;tick in&s;urrection or rebellion, or any war with any indians, that the officers &amp; &s;oldiers may be duly paid according to the proportions afore&s;aid, and all other charges and expences for the charge &amp; management of &s;uch war may be duly paid and di&s;charged, without which this Province cannot be defended and &s;ecured.</P>
<P>Be it Enacted by the Authority afore&s;aid, that from henceforth all &s;uch nece&s;&s;a|ry charges of &s;uch war and Soldiers pay as aforesaid &s;hall be paid, di&s;charged and defrayed by a Publick Leavy by an equal a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ment upon the taxables of this Pro+vince, by the con&s;ent of the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">reemen of this Province by their Repre&s;entatives in a General A&s;&s;embly and not otherwi&s;e, what&s;oever.</P>
<P><HI>7thly.</HI> And to the intent that the inhabitants of this Province may not be abus'd by having their Goods and Provi&s;ions pre&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">by loo&s;e and idle Fellows who many times abu&s;e their<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ommi&s;&s;ions and the People.</P>
<P>Be it further Enacted by the Authority afore&s;aid, that from henceforth the com+mi&s;&s;ioners of each re&s;pective County &s;hall yearly and every year <HI>viz.</HI> between the <HI>29th</HI> day of <HI>September</HI> and the <HI>25th</HI> day of <HI>December</HI> nominate and appoint two hone&s;t and &s;ub&s;tantial Men of their Countys to be pre&s;sma&s;ters for the year en&s;u|ing, and if any one die or depart the Country, or be lame or <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ck within that time, that then the next Ju&s;tice of the peace to nominate &amp; appoint another in his &s;tead, that if occa&s;ion require they and no other &s;hall impre&s;s victuals and other things given them in charge to be pre&s;&s;ed by warrant from his Excellency the Governor in chief for the time being, &amp; if any other but pre&s;&s;ma&s;ters &s;o appointed &s;hall pre|&s;ume upon pretence of any power as a pre&s;&s;ma&s;ter to &s;eize, take, pre&s;s or carry a|way any goods or commoditys of any the inhabitants of this Province, &s;hall pay to the per&s;on grieved treble the value of the goods or commoditys &s;o as afore&s;aid unju&s;tly pre&s;t. Provided that no pre&s;&s;ma&s;ter or any per&s;on or per&s;ons what&s;oever &s;hall pre&s;ume at any time to &s;eize, pre&s;s or carry away from the inhabitants re&s;i|dent in this Province any arms or ammuniton of any kind what&s;oever upon any duty or &s;ervice or upon any account what&s;oever under the penalty afore&s;aid, any Law Statute or U&s;uage to the contrary hereof in any wi&s;e notwith&s;tanding.</P>
<P N="8"><HI>8thly.</HI> And Be it likewi&s;e Enacted by the Authority afore&s;aid, that the Com|mi&s;&s;ioners of any County Court within this Province who &s;hall not between the 27th day of <HI>September</HI> and the &s;aid 25th day of <HI>December</HI> in each re&s;pective year by precept from the County Court &s;igned by the Clark of the Court nominate and appoint &s;uch and &s;o many pre&s;&s;ma&s;ters for every County as afore&s;aid, &s;hall each of them forfeit &amp; pay unto his Maje&s;ty for the &s;upport of government 500 pounds of tobacco, and &s;uch pre&s;&s;ma&s;ter who &s;hall be &s;o nominated and appointed as a|fore&s;aid, by &s;uch precept as afore&s;aid to him or them directed, and &s;hall thereupon refu&s;e or neglect to &s;erve and truly perform and execute the &s;aid place and office of pre&s;&s;ma&s;ter &s;hall forfeit and pay unto his Maje&s;ty for &s;upport of government for e|very time he or they &s;o nominated and appointed as afore&s;aid the &s;um of five hun|dred pounds of tobacco.</P>
<P N="9"><HI>9thly.</HI> And for the more &amp; better incouragement of &s;uch &s;oldiers as &s;hall in the time of war adventure in the &s;ervice of the Country and defence thereof again&s;t a|ny Indians. Be it Enacted, that the booty, prizes, pillage or plunder, or any In|dian &s;eized or taken pri&s;oner, &s;hall by the Commander be equally di&s;tributed and divided among&s;t the &s;oldiers by a divi&s;ion or di&s;tribution to be made by the pole.</P>
<P><HI>10thly</HI> And for the incouragement of &s;uch &s;oldiers as &s;hall adventure their lives in the &s;ervice and defence of this Province, and for the provi&s;ion of &s;ome rea&s;ona|ble pen&s;ion to be for the future &s;ettled on &s;uch &s;oldiers as &s;hall happen to be mai|med or rendred uncapable to get a livelyhood for them&s;elves and family.</P>
<P>Be it enacted by the authority afore&s;aid, that every per&s;on that &s;hall adventure as a &s;oldier in any war in defence of this Province, and &s;hall therein happen to be maimed or receive hurt &s;o as to be rendred uncapable of zetting a livelyhood as a|fore&s;aid, &s;hall according to his disability receive a yearly pen&s;ion, to be rai&s;ed out of the publick leavy of this Province for the time being of &s;uch his disability, and everyper&s;on &s;lain in the &s;ervice of this Province leaving behind him a wife &amp; chil|dren &s;hall al&s;o be allowed a competent pen&s;ion to the wife during her widowhood and the children till they be of the years able to get their liveng, or be put out ap|prentices; and that this pen&s;ion be yearly paid and allowed out of the fifty thou|&s;and
<PB N="102" REF="55">pounds of tobacco <HI>per Annum</HI> to be rai&s;ed by the Governour of this Province for the time being or the Council, as in this Act is hereafter to be provided in the interval of A&s;&s;emblys, the party petitioning for &s;uch pennon and allowance pro|curing a certificate from the County Court where he the or they live, that he &s;he or they are objects of charity and de&s;erve to have &s;uch pennon and allowance.</P>
<P><HI>11thly.</HI> And Be it further Enacted by the Authority afore&s;aid, that if upon any foreign inva&s;ion any per&s;on or per&s;ons what&s;oever, except before excepted, that &s;hall be prect or be an enli&s;ted Soldier within this Province &s;hall upon the comand of his Officer being a Captain at the lea&s;t ob&s;tinately refu&s;e to appear and &s;erve in arms for the nece&s;&s;ary defence of this Province, &s;uch per&s;on or per&s;ons &s;o ob&s;ti|nately refu&s;ing to appear &amp; &s;erve in arms as afore&s;aid, &s;hall upon certificate thereof under &s;uch Officers hands as afore&s;aid, to the next Ju&s;tice of Peace of the County where &s;uch party liveth be proceeded again&s;t in maner following, that is to &s;ay, the &s;ame Ju&s;tice of Peace to whom &s;uch certificate as afore&s;aid &s;hall be made, &s;hall immediately i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ue out a warrant to the con&s;table of the hundred where &s;uch party liveth to apprehend him and bring him before him&s;elf or &s;ome other Ju&s;tice of the Peace of the &s;ame County, there to render a &s;ufficient excu&s;e if any he hath for &s;uch his refu&s;al or nonappearance afore&s;aid, &amp; if the Ju&s;tice of Peace &s;hall not find the excu&s;e of &s;uch party in &s;uch ca&s;e to be rea&s;onable and &s;ufficient, then he &s;hall immediatly commis &s;uch per&s;on to the cu<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">dy of the Sherrif of &s;uch County there to remain until he &s;hall find <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">r<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ty to appear a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e next Provincial Court to be held for this Province there to be proceeded again&s;t according to the due cour&s;e of Law, and if thereupon he &s;hall be convict of &s;uch his ob<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">inate refu&s;al or diso|bedience as afore&s;aid he &s;hall be <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ned and impri&s;oned according to the directions of the Ju&s;tices of the Provincial Court, and for the prevention of the great charge of Annual A&s;&s;emblys who may meet for no other occa&s;ion but to lay the publick Leavy in time of peace.</P>
<P>Be it Enacted by the Authority afore&s;aid, that the Governour and Council du|ring the intervals of A&s;&s;embly for defraying and payment of the &s;mall charge of this Province be and are hereby impowered to ane&s;s the &s;ame, equally to be leavi|ed upon all the inhabitants of this Province for the defraying the &s;aid &s;mall charge in time of peace as afore&s;aid, any thing in this Act to the contrary notwith&s;tand|ing. Provided always, and it is the true intent and meaning of this Act the &s;aid &s;ums for the &s;mall charges of this Province &s;o to be a&s;&s;e&s;&s;ed by the Governour and Council as upon the inhabitants of this Province as afore&s;aid, exceed not in any one year the &s;um of fifty thou&s;and pounds of tobacco, and the disbursments of the &s;aid tobacco to be accounted for at the next General A&s;&s;embly after the rai&s;ing &amp; disbur&s;ing the &s;aid tobacco as afore&s;aid.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, that all &s;oldiers hereafter to be imployed in any publick &s;ervice within this Province be paid in the re&s;pect|ive Countys where the &s;aid &s;oldiers live, this Act to indure for three years or to the end of the next <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e&s;tions of A&s;&s;embly after the end of the &s;aid three years.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the puni&s;hment of Privateers and Pyrates.</HEAD>
<P>WHEREAS it highly tends to the honour of his Sacred Maje&s;ty our Sovereign Lord <HI>William</HI> the <HI>3d king</HI> of <HI>great Erittain Fr<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &amp; Ireland,</HI> &amp; most con&s;i&s;tent with the duty of his Maje&s;tlys Loyal <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ubjects, that &s;uch Articles as are concluded on in all treaties &s;hould in a &s;trict manner be mo&s;t inviolably pre|&s;erved and kept. and notwith&s;tanding his Maje&s;tys late treaty of peace made with his Allies, and likewi&s;e his Royal proclamation to that effect &s;ent throughout all his Maje&s;tys Dominions, yet divers of his Maje&s;tys ill minded and disobedient Subjects of order of his Maje<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ys Dominions as well by them&s;elves as in company with the Subjects of other Princes, and in their &s;ervice have comitted divers Rob|berys, Murthers and Pyra<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ys to the great &s;candal and reproach of the Engli&s;h Na|tion, and contrary to their Duty Faith and Allegiance, for preventing of the &s;aid evils and puni&s;hing of all &s;uch offenders we pray it may be Enacted.</P>
<P>And BE IT ENACTED by his mo&s;t Excellent Maje&s;ty by and with the Advice &amp; Con&s;ent of this pre&s;ent General A&s;&s;embly &amp; the Authority of the &s;ame, that from and after the publication hereof it &s;hall be Felony for any per&s;on which now doth, or within five years la&s;t pa&s;t, heretofore hath or hereafter &s;hall inhabit
<PB N="103" REF="55">or belong to this Province that &s;hall commit any act of ho&s;tility by Commi&s;&s;ion from or in the &s;ervice of any foreign Prince State or Potentate, or any imploy' do or under any of them again&s;t any other foreign Prince State or Potentate in ami|ty with his Maje&s;ty, and that all and every &s;uch offender or offenders contrary to true intent of this Act, being thereof legally convicted in his Maje&s;tys Provincial Court of this Province, to which Court authority is hereby given to hear and de|termin the &s;ame, as in other ca&s;es of Felony &s;hall &s;uffer pains of death without be|nefit of Clergy.</P>
<P>Provided neverthele&s;s this Act nor any thing therein contained &s;hall extend to any per&s;on or per&s;ons which have been in the &s;ervice and imployment of any for|eign Prince State or Potentate what&s;oever, that hath returned to this Province &amp; left and de&s;erted &s;uch &s;ervice and imployment according to his Maje&s;tys Proclama+tion before the tenth day of <HI>May</HI> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">a&s;t pa&s;t, rendring him or them&s;elves to the Go|vernour or Commander in chief for the time being, and give him &s;uch &s;ecurity <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> he &s;hall appoint for their future good behaviour, &amp; al&s;o that they &s;hall not depart this Province without the Governours Pa&s;s, under the hand and &s;eal of the &s;aid Governour or Commander in chief for the time being</P>
<P>And for the better and more &s;peedy execution of ju&s;tice upon &s;uch who having committed Trea&s;on, pyracys, Felonys and other offences upon the Sea that <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> be apprehended in this Province or brought hither in order to receive their ttyal<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> here, Be it further enacted by the authority afore&s;aid, that all trea&s;ons, felonys, pyracys, robberys, murthers or confederacys committed or that hereafter &s;hall be committed upon the Sea, or in any River, Haven Creek or Bay where the Admi|ral hath jurisdiction &s;hall be inquired, tryed, heard, determined &amp; adjudged with|in this Province in &s;uch like form as if &s;uch offence had been committed in &amp; upon the Land, and to that end and purpo&s;e Commi&s;&s;ions &s;hall i&s;&s;ue under the great Seal of this Province directed to the Judge or Judges of the Admiralty of this Pro|vince for the time being, and to &s;uch other &s;ub&s;tantial per&s;ons as by his Maje&s;tys Governour or Commander in chief of this Province for the time being &s;hall be na|med or appointed, which &s;aid Commi&s;&s;ioners or &s;uch a Quotum of them as by &s;uch Commi&s;&s;ion &s;hall be thereunto authorized &s;hall have full power to do all things in and about the inquiry, hearing, determining, adjudging and puni&s;hing of any per&s;on or per&s;ons convict of the crimes and offences afore&s;aid as any Com|mi&s;&s;ioners to be appointed by Commi&s;&s;ion under the great Seal of <HI>England,</HI> by ver|tue of a Statute made in the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">8th year of the Reign of King <HI>Henry</HI> the VIII chap. 15. are impowered to do and execute within the Kingdom of <HI>England,</HI> and that the &s;aid offenders which are or &s;hall be apprehended or brought pri&s;oners to this Province &s;hall be lyable to &s;uch order, proce&s;s, judgments &amp; executions by vertue of &s;uch Commi&s;&s;ion to be grounded on this Act as might be awarded or given a|gain&s;t them as if they were proceeded again&s;t within the Realm of <HI>England</HI> by ver|tue of any Commi&s;&s;ion granted upon the &s;aid Statute.</P>
<P>Be it further enacted by the authority aforesaid, that all and every per&s;on or per&s;ons that &s;hall any way knowingly entertain, harbour, conceal, trade or hold any corre&s;pondance by letter or otherwi&s;e with any per&s;on or per&s;ons that &s;hall be deem'd or adjudg'd to be Privateers, Pyrates or other offenders within the purview of this Act, and that &s;hall not readily endeavour to the be&s;t of his or their power to apprehend or cau&s;e to be apprehended &s;uch offender or offenders &s;hall be lyable to be pro&s;ecuted as acce&s;&s;orys and confederates, and to &s;uffer &s;uch pains and pe|naltys as in &s;uch ea&s;e by Law is provided.</P>
<P>And for the better and more effectual execution of this Act, Be it further enact|ed by the authority afore&s;aid, that all Comi&s;&s;ion Officers in their &s;everal Precincts within this Province are hereby required and impowered upon his or their know|ledge, or upon notice given, that any privateers, pyrates or other per&s;ons &s;u&s;pect|ed to be upon any unlawful de&s;ign in any place within their re&s;pective precincts, to rai&s;e and leavy &s;uch a number of well arm'd Men as he or they &s;hall think need|ful, for the &s;eizing, apprehending and carrying to Goal all and every &s;uch per&s;on or per&s;ons, and in ca&s;e of any re&s;i&s;tance or refu&s;al to yeild obedience to his Ma|je&s;tys authority, it &s;hall be lawful to kill or de&s;troy &s;uch per&s;on or per&s;ons that &s;hall oppo&s;e or re&s;i&s;t by &s;triking or fiting upon any of the partys commanded to aid and a&s;i&s;t, they &s;o re&s;i&s;ting &s;kall be deemed, taken and adjudged as Felons without benefit of the Clergy, and every &s;uch Officer that &s;hall omit or neglect his duty
<PB N="104" REF="56">herein &s;hall forfeit thirty pounds &s;terling for every &s;uch offence, to be recovered in any of his Maje&s;tys Courts of Record within this Province, by bill plaint or in|formation, wherein no e&s;&s;oyn protection or wager of Law to be allow'd, one moi|ety thereof to our Sovereign Lord the King his Heirs &amp; Succe&s;&s;ors for &amp; towards the &s;upport of the government of this Province and the contingent charges thereof, and the other moiety to the informer that profecutes or &s;ues for the &s;ame, and all and every per&s;on or per&s;ons that upon orders given him or them that &s;hall refu&s;e to repair immediatly with his or their arms well fixed and ammunition to &s;uch place or places as &s;hall be appointed by the &s;aid Officer and not readily obey his commands in the execution of the premi&s;&s;es, &s;hall be lyable to &s;uch fines or corpo+ral ou<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hment being legally convicted thereof, as the ju&s;tices of his Maje&s;tys Pro+vincial Court &s;hall think fit.</P>
<P><HI>An Act for appointing Ptr&s;ons to treat with Workmen for the building of a Church at the Port of</HI> Annapolis.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for limitation of Officers Fees.</HEAD>
<P>THE Burge&s;&s;es and Delegates of this pre&s;ent General A&s;&s;embly taking into their &s;erious con&s;ideration the great complaints heretofore and &s;till made by divers the good people of this Provinc of the great extortion and oppre&s;tion which as and hath been in this rovince under colour of office committed by &s;eve|ral Officers and Mini<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ers of this Province, and every of their deputys, mini&s;ters, &s;ervants and officers in exa<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">ing unrea&s;onable and exce&s;&s;ive Fees from the good people of the &s;ame, and for prevention of the like abu&s;es for the future the Bur|ge&s;&s;es and Delegates of this pre&s;ent General A&s;&s;embly pray that it may be En|acted. And B<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Au|tho<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">y of the &s;ame, that from and after the publication hereof no officer or officers hereafter mentioned in this pre&s;ent Act, their mini&s;ters, &s;ervants or deputys by rea|&s;on or colour of his or their office or offices have, receive or take of any per&s;on or per&s;ons directly or indirectly any other Fees then by this Act is hereafter limitted and allowed to the &s;everal Officers hereafter mentioned.</P>
<DIV3 TYPE="fee schedule">
<HEAD>To the Chancellor or Keeper of the great Seal.</HEAD>
<P>For Seal of an original Writt <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> pounds of tobacco, for Seal of a <HI>Recordari</HI> 12, for <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">al of ubpena <HI>ad re&s;p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ndendum</HI> with three names or under 15, for ev'ry name more than three <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, for Seal of a Proclamation of Rebellion 21, for Seal of a Com+mi&s;&s;ion of Rebellion <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">00, for Seal of a grant of Land for 100 Acres or under 120 for ev'ry <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">undred Acres above 100. 12, for Seal of a decree in Chancery 430, for Seal of an <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">junction in Chancery 240, for Seal of an <HI>Audita querela</HI> 120, for Seal to Execution of a decree in Chancery 162, for Seal of a Writt of Covenant for <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> a Fine 15, for Seal of a Commi&s;&s;ion to take acknowledgment 120, for the Chancellors hand to a Writt of A&s;&s;ize 240, for Seal to a Writt of Error to the Council 240, for Seal to <HI>&s;cire fa<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ias</HI> thereupon 240, for Seal of a <HI>Super&s;edeas</HI> thereupon 240, for the Seal to a <HI>Certiorari</HI> 240, for the Seal of an exemplifica|tion of land the &s;ame with a <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">attent or Grant, for the Chancellors hand to a Writ of Covenant 240, for the Seal to a <HI>mandamus</HI> 120, for the Seal of a <HI>melius inqui|<GAP DESC="illegible" RESP="pdcc" EXTENT="6 letters"></HI> 120, for the Seal to 2 Commi&s;&s;ion for County Court 430, for Seal of <HI>de|dimus <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"></HI> to &s;weat the ju&s;tices 240, for Seal of a <HI>Super&s;edeas</HI> to a Comm&s;|&s;ion of Rebellion or <HI>Supplica<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">it<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"></HI> 240, for Seal of a Sharrifs Pattent for his Office 480, for Seal of the <HI>po&s;&s;e comitatus</HI> 120, for Seal of a Writt of di&s;charge if any 120, for Seal of a Pattent of Denization 430, for the Seal to a <HI>ne exeat Provinci|am</HI> 120, for Seal of a Writt of Error from County Court 120, for Seal of a <HI>&s;cire f<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">cias</HI> thereupon 120, for Seal of a <HI>&s;uper&s;edeas</HI> thereupon 120, for Seal of all and every other matter and thing that &s;hall pa&s;s the great Seal &amp; not herein contained each 120.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Commi&s;&s;ary General or chief Judge in Te&s;tamentary Cau&s;es.</HEAD>
<P>For every Letter of Admini&s;tration or Letter Te&s;tamentary 100 <ABBR><HI>l.</HI></ABBR> of tobacco,
<PB N="105" REF="56">for every Bend 60, for every Oath 16, for a Warrant to Apprai&s;ors 28, for ev'ry Warrant to &s;wear them 28, for ev'ry Commi&s;&s;ion to prove a Will or to take Oath to account or of admini&s;tration 100, for recording Wills. Inventarys or copying the &s;ame, or any other matter out of the Commi&s;&s;arvs Office 16 <HI>per</HI> &s;ide copying, 7 words to a line and 15 lines to a &s;heet 16, fos every order in te&s;tamentary cau&s;es 16, for every Citation 20, for filing every Libel, An&s;wer, Replicavit, Petition <HI>&amp;c.</HI> 40, for Subpaena for co&s;ts 16, for drawing definitive Sentence <HI>per</HI> &s;ide 16, for filing of co&s;ts 16, for copy of co&s;ts 16, for Recording definitive Sentence <HI>per</HI> &s;ide 16, for execution of de&s;initive Sentence <HI>per</HI> &s;ide 16, for Seal to the definitive Sentence 480, for Seal to the execution of &s;uch definitive Sentence 240, for co|py of ev'ry Libel, An&s;wer, Replicavit or Rejoy<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">dure <HI>per</HI> &s;ide as before 16, for drawing depo&s;itions of witne&s;&s;es <HI>per</HI> &s;ide 16, for filing laterrogatorys 40, for en|try of a demand for admini&s;tration or probat of wills 8, for entry of every Return 8, for ev'ry appearance 16, for an attachment of contempt 56, for a <HI>quietus e&s;t</HI> 100.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>Sacretarys Fees.</HEAD>
<P>For a Recordari 12 <ABBR><HI>l.</HI></ABBR> of tobacco, for a Subpaena ad Re&s;pond' with 3 names 15, for ev'ry name more then 36, for attachment of contempt 18, for Proclama|tion of Rebellion 120, for an injunction 240, for an audita querela 120, for a Writt of covenant to pa&s;s a fine 1<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">5, for a Commi&s;&s;ion to take acknowledgment 120, for a Writt of A<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ze 30, for a Commi&s;&s;ion to fine Officers upon a <HI>melius in|quirendam</HI> or <HI>mon&s;tra verunt</HI> 120, for a <HI>ne exeat Provinciam</HI> 120, for drawing any in&s;trument that pa&s;s the Seal if it exceed one &s;ide computing 7 words to a line and 15 lines to a &s;ide and &s;o <HI>pro rato</HI> for more 16, for recording the &s;ame as before, for entring any other matter upon Record not exceeding half a &s;ide of a leaf 8, if the matter entred upon Record be above half a &s;ide computing as before for every Folio 16, copying the &s;ame with recording, for any Warrant <HI>or</HI> Licence again&s;t or to one per&s;on only, not under the Seal 15, for any Warrant or Licence being again&s;t or to more then one not under the Seal then for each 15, for any other pa&s;s or discharge not under the Seal 15, for &s;earch of a Record the fir&s;t year no|thing, for &s;earch of a Record above one year &s;tanding for ev'ry year after <HI>per An|num</HI> 4, for filing ev'ry Bill in Chancery 40, for ev'ry the &s;ame &s;hall continue 40, for filing every an&s;wer 36, for every Oath to the &s;ame 12, for writing a Com|mi&s;&s;ion a Bond and recording it for every Sherrifs Office 240, for Writt of <HI>po&s;&s;e comitatus</HI> 120, for Writt of discharge if any 120, for writing &amp; recording a Com|mi&s;&s;ion and <HI>dedimus pote&s;taetem</HI> for the County Court 330, for every Writt and re|turn 28, for every Subpaena and Return 38, for filing and recording every De|claration <HI>per</HI> &s;ide accounting 15 lines to a &s;ide and 7 words to a line 16, for copy of the &s;ame at the &s;ame tate, for every appearance entred 12, for entry of an im|parlance 8, for a continuance or reference 8, for filing a plea if not &s;pecial 8, for &s;pecial plea <HI>per</HI> &s;ide as before 16, for making up the I&s;&s;ue 32, for rule to plead or for tryal 8, for a <HI>venire facias</HI> for Jurors 28, for copy of pannel 8, for every ver|dict 8, for Writt of enquiry of damages 88, for entring Judgment 32, for &s;igning Judgment 24, for copy of Judgment 32, for tran&s;cript of the whole proceedings <HI>per</HI> &s;ide as before 16, for filing of a Bill of co&s;t 16, for copy of it if demanded 16, for every Execution and Return 28, for an artachment and <HI>&s;cire facias</HI> 56, for e|very &s;pecial Bail 16, for filing and recording any Demur or 16, for drawing a Prote&s;t and recording it 240, for drawing any other matter as publick Notary at|te&s;ted under the Seal 50, if &s;uch matter exceed one &s;ide then <HI>per</HI> &s;ide 16, for Re|cording a Pattent for Land 120, for proving Rights <HI>per</HI> pole 2, for entring a &s;ign|ment not exceeding half a &s;ide 16, for entring certificates for land 16 <HI>per</HI> &s;ide as before 16, for warrant for land 28, for warrant of Re&s;urvey <HI>per</HI> order of Council <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">0 for <HI>habero facias po&s;&s;e&s;&s;ionem</HI> 28, for a Repievin 28, for a <HI>Procedendo</HI> 28, for a Writt of Re&s;titutution 28, for drawing <HI>dedimus pote&s;tatem</HI> to examin witne&s;&s;es 50, for a <HI>habeas corpus</HI> 50 for <HI>Certiorari</HI> 50, for a Commi&s;&s;ion to audite 50, for an <HI>Elegit</HI> 50, for a Commi&s;&s;ion of Re&s;urvey 50, for a Writt of Diminution 28, for a Writt of Error to the County Court 50, for a <HI>&s;cire facias</HI> thereupon 50, for a <HI>Super&s;edeas</HI> thereupon 50, for entring an acknowledgment of Land in Court 12, for recording a Conucyance at 16 <HI>per</HI> &s;ide as before 16.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>For the Secretary in Criminal Ca&s;es.</HEAD>
<P>For taking every Recognitance in Court 28, for discharge of every Recogni|zance
<PB N="106" REF="57">28, for every <HI>venire facias</HI> or warrant to apprehead Criminals 30, for ap|pearance 16, for every Re&s;pit and continuance 28, for every order in Criminal ca&s;es 16, for copy of every Recognizance 28, for every Indictment 16 <HI>per</HI> &s;ide as before 16, for copy of every Indictment the &s;ame, for filing plea to the &s;ame 8, for confe<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters">on of every Indictment 16, for allowance of a Writt of Error 28, for every indictment after the <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> name 24, for rule for tryal 16, for copy of Panel 8, for recording verdict 8, for entring conviction and &s;igning judgment 56, for Writt of Execution thereupon 56. All other Fees not herein comprized belong|ing to the Secretarys Office to be charged as Officers do in <HI>England, pro rato</HI> at one penny <HI>per</HI> pound.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Surveyor General and his Deputys.</HEAD>
<P>To the Survey of 100 Acres of Land or under one pound of tobacco <HI>per</HI> Acre, for ony quantity above 100 Acres and under 200 Acres for the fir&s;t hundred as be|fore and half a pound of tobacco fot the re<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> <HI>per</HI> Acre, if between 200 &amp; 500 acres then for the fir&s;t 200 acres as before and a quarter of a pound of tobacco for all a|bove, for 500 acres as before, and for all above ten pounds of tobacco <HI>per</HI> 100 acres, for every platt allowing three platts for every Survey, (that is to &s;ay) 1 to the party 1 exammer general <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> the other to be entred upon the &s;urveyors book ten pounds of to bacco for the fir&s;t 100 acres or under, and after the rate of 5 pounde of tobacco <HI>per cent'</HI> for all above the fir&s;t 100 acres. For journy Fees if the &s;ame be di<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ant from the Surveyors Hou&s;e 20 miles or under 40 pounds of tobacco, if above 20 and under 40 miles 80 pounds of tobacco, if above 40 miles and under 6<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> then 120 pounds of tobacco, and &s;o <HI>pro rato</HI> to the party finding a Boat and Hands and other nece&s;&s;ary provi<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ons. For every Certificate of Survey be the quantity more or le&s;s 5 pounds of tobacco, for the Re&s;urvey of 140 acres of land or under made with circumferenter chains and other nece&s;&s;ary in&s;truments 400 <ABBR><HI>l</HI></ABBR> of tobacco, for Re&s;urvey of any quantity of land above 140 acres double Fees a|bove &s;picified, for Survey in all re&s;pects except it be otherwi&s;e limitted by the Act for a&s;certaining the bounds of Land.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>Sherriffs Fees.</HEAD>
<P>For &s;erving a Writt and Bail Bond 35 <ABBR><HI>l.</HI></ABBR> tobacco, for tending on a pri&s;oner one day 24 hour in cu&s;tody 20, and &s;o <HI>pro rato</HI> for a longer time, for collecting the publick dues for every hundred 10, for &s;erving an Attachment or Execution 10, and if an Execution be for above 100 &amp; under 500 <ABBR><HI>l.</HI></ABBR> tobacco 50, if it exceed 500 pounds of tobacco then 100, if it exceed 1000 then for the first 1000 100, and e-1000 afterwards 50, and after the &s;ame rate for money or tobacco. And it is hereby declared that it is the true intent and meaning of this Act the &s;everal and re&s;pective Sherriffs &s;hall have no more Fees then for what &s;hall appear to be ju&s;tly due upon &s;uch execution, and the &s;ame Fees for leavying any Attachment for any &s;um what&s;oever money or tobacco or the value thereof in any Goods or Merchan|dizes, provided the &s;ame be condemned to the u&s;e of the party plaintif attaching the &s;ame, and <HI>pro rato</HI> for &s;uch part thereof as &s;hall be condemned, but if no part &s;hall be condemned that &s;hall be attached, then the &s;aid Sherriff &s;hall have only ten pounds of tobacco for returning the Writt afore&s;aid and no more. For im|pannelling a Jury 120, for &s;erving any extraordinary Warrant or Commi&s;&s;ion to be regulated by the Court, for &s;erving a <HI>&s;cire facias</HI> including the per&s;ons &s;umoned 30, for &s;erving a Citation 30, for executing a Commi&s;&s;ion of Re&s;urvey <HI>per</HI> day 100, for impannelling Jury 240, if impowered to &s;wear Jury and Evidences then for every Oath 12, for every <HI>non e&s;t inventus</HI> returned 10, for &s;erving a Subpaena 30 pounds tobacco.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Coroner.</HEAD>
<P>For viewing the body of any per&s;on or per&s;ons murthered, &s;lain or otherwi&s;e dead by misadventure, to be made out of the Goods and Chattels of the party &s;o dead if any there be, otherwi&s;e to be leavied by the Commi&s;&s;ioners of the County where &s;uch accident &s;hall happen 250 pounds of tobacco, for arre&s;ting or &s;umon|ing any Sherriff &s;ued or pro&s;ecuted in any Court, and for taking &s;ecurity for &s;uch Sherriffs appearance 40, for arre&s;ting, &s;umoning or attaching any other per&s;on or per&s;ons wherein the Sherriff is Plaintiff &s;uch Fees as are allowed to be taken by the Sherriff in &s;uch ca&s;es and no more.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Cryer of the Provincial Court.</HEAD>
<P>For &s;wearing every Jury 144 pounds tob<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">co, for &s;wearing every Witne&s;s 12, for
<PB N="107" REF="57">&s;wearing the Bayliff 12, for every &s;pecial Bail 72, for every good behaviour 72 for clearing ev'ry Pri&s;oner by Proclamation 80, for the acquittal of ev'ry Pri&s;oner 80, for ev'ry appeal from the County Court 50, for ev'ry Writt of Error return'd from the County Court 50.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Clerk of the Council.</HEAD>
<P>For every Petition in Council and Order in favour of the party 200 <ABBR><HI>l.</HI></ABBR> tobacco, For any Commi&s;&s;ion or other in&s;trument prepared by the &s;aid Clerk to pa&s;s the broad Seal if for a place of profit 400. For ev'ry Sherriffs Commi&s;&s;ion 400, For every Ranger, Surveyor or Commi&s;&s;ion of profit granted in Council 200, For Re|cording any matter in Council <HI>per</HI> &s;ide 24, and &s;o <HI>pro rato</HI> for more or le&s;s, For copy of any matter or thing from the Council Records the &s;ame <HI>per</HI> &s;ide For all Searches to the Clerk of the Council as is to the honourable Secretary. For every private Bill 100.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Clerk of the high Court of Appeals.</HEAD>
<P>For Recording every Writt of Error <HI>Scire facias</HI> and Return <HI>per</HI> &s;ide 24 <ABBR><HI>l.</HI></ABBR> tobac' <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o, and &s;o <HI>pro rato</HI> 7 words to a line and 15 lines in a &s;heet, the like Fee for Re|cording the tran&s;cript, the like Fees for Recording the Errors, For entring and &s;igning Judgment 84, For filing a Bill of co&s;t 24, For copy of the &s;ame 24, For all other Fees as are taken in the Provincial Court Office.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Clerk of the County Courts.</HEAD>
<P>For a Writt and Return 16 <ABBR><HI>l.</HI></ABBR> tobacco, for every Declaration if a &s;ide 8, and &s;o <HI>pro rato</HI> if more, for copy of the &s;ame if demanded as before, for entring the De|&s;endants appearance 6, for every Imparlance 4, for filing ev'ry Plea &amp; Demurrot if not a &s;pecial one 4, if a Folio <HI>pro rato,</HI> if any copy delivered <HI>pro rato,</HI> for en|tring any matter upon Record if half a &s;ide 4, if more then <HI>pro rato</HI> as before, for a Subpaena if but one name 10, if 2 or 3 names 16, for Rule to plead or tryal 4, for making up the i&s;&s;ue 8, for copy if delivered 8, for entring Judgment 16, for &s;igning judgment 12, for <HI>venire facias for jury</HI> 12, for entring the pannel 4, for filing Bill of co&s;t 8, for copy of the &s;ame 8, for Execution and return 16, <HI>for &s;ci|re faciaes and return</HI> 16, for &s;pecial Bail 6, for Writt of inquiry of damages 44, for entring an Appeal 8, for the return of certificate &amp; copy of the Record <HI>per &s;ide</HI> 8, for entring a Writt of Error 8, for every Oath 6, for proving any deed or writing 8, for copy of the &s;ame if required <HI>per folio</HI> 8, for recording the mark of Cattle &amp; Hoggs 4, for taking the acknowledgment of Land in Court 12, for recording a conveyance for land <HI>per &s;ide</HI> 8, for allowance of an <HI>habeas corpus</HI> 8, for &s;earch e|very year after the fir&s;t 4.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>For Criminals.</HEAD>
<P>For taking every recognizance 14 <ABBR><HI>l.</HI></ABBR> tobacco, for di&s;charge of recognizance 14, for <HI>venire facias</HI> or warrant 15, for evety appearance 8, for every re&s;pit or conti|nuance 8, for every order 8, for copy of recognizance 14, for every indictment <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &s;ide 8, for copy of indictment <HI>per folio as before</HI> 8, for filing plea 8, for con|fe&s;&s;ion on indictment 8, for copy of the pannel 4, for recording the verdict 8, for entring the judgment 28, for execution of the judgment 28.</P>
</DIV3>
<DIV3 TYPE="fee schedule">
<HEAD>To the Cryer of the County Courts.</HEAD>
<P>For &s;wearing every Jury 72 <ABBR><HI>l.</HI></ABBR> tob' for &s;wearing the Bailiff 6, for every Oath 6, for &s;pecial Bail 3<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">, for good behaviour 36, for clearing every pri&s;oner by Pro|clamation or Acquittal 40 <ABBR><HI>l.</HI></ABBR> tobacco. Provided always that in ca&s;e any per&s;on &s;hall refu&s;e to pay the &s;ame &s;o by this Act limitted and allowed, it &s;hall and may be lawful for the Chancellor, Secretary, Judge for probat of wills, Surveyor Gene|ral or his Deputys, Sherriff, Coroner, Clerk of the Council, Clerk of the Court of Appeals, the &s;everal Clerks of the County Courts, Cryer of the Provincial Court and the Cryers of the &s;everal County Courts to recover the &s;ame by way of exe|cution again&s;t the goods, tobacco or chattels of the per&s;on or per&s;ons &s;o refu&s;ing &amp; no other: Provided always that &s;uch per&s;on or per&s;ons having no tobacco, and that &s;hall refu&s;e to &s;hew to &s;uch Officer or Officers as &s;hall collect the &s;ame &s;uch goods and ckattels, it &s;hall be lawful for &s;uch Officer or Officers to take the body or bodys of &s;uch per&s;on or per&s;ons in execution for the &s;ame.</P>
<P>Provided al&s;o that no Officer or Officers in this Act particularly mentioned, &amp; who&s;e Fees are hereby &s;ettled and limitted &s;hall by vertue thereof either leavy or cau&s;e to be leavied any Execution upon the Body Goods or Chattels of any per|&s;on or per&s;ons what&s;oever for any Fees in this Act limitted &amp; contained without
<PB N="108" REF="58">delivering or cau&s;ing to be delivered a true and ju&s;t accoun of the Fees to them due by this Act as afore&s;aid, under the hand or hands of &s;uch Officer or Officers to the per&s;on or per&s;ons from whom &s;uch <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ees demanded are due as afore&s;aid thirty days at the lea&s;t before Execution leavied, and in ca&s;e any of the &s;aid Officer or Officers as afore&s;aid &s;hall in any wi&s;e act or do contrary directly or indirectly to this Act he or they &s;o offending &s;hall loo&s;e and forfeit to the party grieved trebble damages &s;u&s;tained, and &s;hall al&s;o forfeit th &s;um of &s;ix thou&s;and pounds of tobacco or forty pounds &s;terling, the one moiety thereof to our Sovereign Lord the King his Heirs and Succe&s;&s;ors for the &s;upport of government, to be recovered in his Ma|jenys name, the other moiety to the party or parrys that &s;hall &s;ue for the &s;ame, to be recovered in any Court of Record within this Province by Action of Debt, Bill Plaint or Information wherein no E&s;&s;oyn Protection or Wager of Law to be allowed.</P>
<P>And it is further provided that if any Fees for any matter or thing hereafter to be done bejonging to the &s;everal Officers afore&s;aid, and by the Governour and Council to allowed and adjuged and not in this Act mentioned, limitted, allow'd and adjudged, it &s;hall be lawfull for &s;uch Officer to have &s;uch Fee or Fees as the Governour and Council for the time being &s;hall adjudge and allow of and no more under the penalty afore&s;aid, to be recovered as afore&s;aid; this Act to endure for three years or to the end of the next Se&s;&s;ions of A&s;&s;embly which &s;hall fir&s;t happen.</P>
</DIV3>
</DIV2>
<TRAILER>FINIS</TRAILER>
</DIV1>
<DIV1 N="1700" TYPE="session">
<PB REF="58" MS="y">
<P>In the XII. Year of the Reign of our Sovereign Lord King <HI>William</HI> the III. of <HI>England</HI> &amp;c. At a Se&s;&s;ions of A&s;&s;embly Begun and Held at the Town and Port of <HI>Annapolis April</HI> the <HI>26th.</HI> And Ended <HI>May</HI> the <HI>9th. Anno Domini</HI> 1700. Were Enacted the&s;e Laws following. <HI>viz.</HI></P>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the Service of Allmighty God, and E&s;tabli&s;hment of Religion in this Pro|vince, according to the Church of <HI>England,</HI> &amp;c.</HEAD>
<P>FORASMUCH as in a well-grounded Chri&s;tian Common Wealth, Matters concerning Religion, and the Honour of God, ought in the fir&s;t place to be en|deavoured and taken into Con&s;ideration, as that which is not onely mo&s;t acceptable to God, but the be&s;t way and means to obtain his Mercy and Ble&s;&s;ing upon a People or Country.</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent general A&s;&s;embly, and the Authority of the &s;ame; That all things that have been heretofore Legally done, by Vertue of former Acts of this Province for this purpo&s;e made, and bearing this Title, or tending thereto; in and &s;ince the Year 1692 be and are hereby Ratified and Confirmed, according to the rea&s;onable Intent and Direction of the &s;aid Laws; to the Intent that the further proceedings on &s;o great and good a Work, may be advanced and perfected by this Law. To which purpo&s;e, <HI>Be it Enacted</HI> by the Authority afore&s;aid, that the Book of Common Prayer and Admini&s;tration of the Sacraments, with other Rites and Ceremonies of the Church, according to the u&s;e of the Church of <HI>England,</HI> the P&s;alter or P&s;alms of <HI>David,</HI> and Morning and Evening Prayer therein contained, be &s;olemny read, by all and every Mini&s;ter or Reader in every Church, or other place of publick Wor&s;hip within this Province. AND whereas the pre&s;ent Con&s;titution of this Province, being in its infan|cy, will not admit of rai&s;ing a maintenance by way of Tithes as in <HI>England;</HI> Be it En|acted by the Authority afore&s;aid, That for the Encouragement of Faithful and Able Mini&s;ters Labouring in the work of the Go&s;pel, to come and re&s;ide in this Province, in|&s;tead of &s;uch Tithes u&s;ually in <HI>England</HI> as afore&s;aid; a Tax or A&s;&s;e&s;&s;ment of Fourty Pounds of Tobacco <HI>per</HI> Pole, be yearly, and every year, &s;ucce&s;&s;ively Leavied upon e|very Taxable Per&s;on within each Re&s;pective Pari&s;h within this Province; as they have been, now are, or hereafter &s;hall be laid out, limitted, and appointed by the Law of this Province; and entered upon Record, as the &s;aid former Laws therein did direct; which &s;aid A&s;&s;e&s;&s;ment of Fourty Pounds of Tobacco <HI>per</HI> Pole, &s;hall allways be paid and allow|ed to the Mini&s;ters of each re&s;pective Pari&s;h; having no other Benefice to officiate in; Pre&s;ented, Inducted, or appointed by his Excellency the Governour of this Province, or other Per&s;on thereunto Legally Authorized, in manner hereafter Expre&s;&s;'d and Or|dained: And every &s;uch Mini&s;ter is hereby required, and enjoyned to appoint, and con&s;tantly to keep a Clark of &s;uch Pari&s;h Church, and to pay and &s;atisfie &s;uch Clark the Sum of one Thou&s;and Pounds of Tobacco yearly, and every year, out of the &s;aid Fourty <HI>per</HI> Pole. And to prevent all illegal and unlawful Marriages, not allowable by the Church of <HI>England,</HI> but forbidden by the Table of Marriages. Be it Enacted by the Authority afore&s;aid, That no Mini&s;ter, Prie&s;t, or Magi&s;trate &s;hall pre&s;ume to joyn to|gether in Marriage any Per&s;ons what&s;oever, contrary to the Table of Marriages, by this Act appointed to be &s;et up in every Pari&s;h Church within this Province; Nor &s;hall any Per&s;ons forbidden to Marry together by &s;uch Table of Marriages, pre&s;ume to be joyned in Marriage under the penalties following. That is to &s;ay, under the penalty of five Thou&s;and pounds of Tobacco, upon the Mini&s;ter, Prie&s;t, or Magi&s;trate joyning &s;uch Per&s;ons in Marriage: And under the like penalty of five Thou&s;and pounds of To|bacco upon the Per&s;ons &s;o joyned in Marriage; to our Sovereign Lord the King, for the u&s;es in this Act hereafter mentioned. And to prevent any Lay Per&s;ons, from joyning any Per&s;ons in Marriage, where a Mini&s;ter or Prie&s;t can be had, and to a&s;certain what &s;hall be paid for Marriages. Be it likewi&s;e Enacted by the Authority afore&s;aid, That In every Pari&s;h, where any Mini&s;ter or Incumbent &s;hall re&s;ide, or have charge of Souls, therein no Ju&s;tice or Magi&s;trate &s;hall joyn any Per&s;ons in Marriage, under the penalty of five thou&s;and pounds of Tobacco for &s;uch Offence, to our Sovereign Lord the King as afore&s;aid. And that it &s;hall be lawful for every Mini&s;ter to take and receive of every Per&s;on or Per&s;ons by him Married, the Sum of five Shillings Sterling, and no more, any Law to the contrary notwith&s;tanding. Previded &s;uch per&s;ons come to &s;uch Pari&s;h
<PB REF="59" MS="y">Church or Chapel at time of Divine Service, for contracting &s;uch Marriage. And for the better and more effectually collecting the &s;aid Duty of fourty pounds of Tobacco <HI>per</HI> Pole, and paying the &s;ame to the u&s;es by this Law intended and appointed; as al&s;o for incorporating a pollitical Body, capable in Law to recover and receive all Rights and Perqui&s;ites accrewing or growing due in Law or Con&s;cience, to any Pari&s;h Church, or Churches for any pious u&s;e, or u&s;es what&s;oever.</P>
<P>Be it Enacted, that the Sherrif of each &s;everal County &s;hall, and is hereby obliged to collect, and gather the &s;aid A&s;&s;e&s;&s;ment of fourty <HI>per</HI> Pole of the &s;everal Per&s;ons with|in each re&s;pective Pari&s;h in his County, in the &s;ame manner, and by the &s;ame authori|ty as the publick and County Leavy is collected, and &s;hall pay the &s;ame fourty pounds <HI>per</HI> Pole to the Ve&s;try of each re&s;pective Pari&s;h by this Act con&s;tituted and incorporated a Body pollitick, if there be no Incumbent or Mini&s;ter inducted, in&s;tituted, or appoint|ed, but in every &s;uch Pari&s;h where there is &s;uch Mini&s;ter or Incumbent, and who &s;hall be legally Inve&s;ted with the &s;aid Duty of fourty <HI>per</HI> Pole, the &s;ame &s;hall be allways paid to the &s;aid Mini&s;ter or Incumbent by the order of the Ve&s;try, as the &s;ame &s;hall ari&s;e and grow due, after &s;uch Mini&s;ter or Incumbents Qualification as afore&s;aid; each Sherrif deducting for his Sallary in collecting the &s;ame, five pounds of Tobacco <HI>per</HI> Hundred, and no more; any u&s;uage or cu&s;tom to the contrary notwith&s;tanding. And the better to enable the Several Ve&s;trymen by former Laws, and by this appointed and confirm|ed, to Execute the Tru&s;t and Authority Repo&s;ed in them; Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, That the Several Ve&s;trymen of the &s;everal Pari&s;hes within this Province, that now are, or hereafter &s;hall be cho&s;en and elected, as they have been, &s;o they &s;hall be and continue; and are here|by Confirmed and Con&s;tituted a Body Corporate, and &s;o to remain, and be by Succ&s;&s;i|on in times to come, to the u&s;es and purpo&s;es following; that is to &s;ay, for the re|ceiving the &s;aid fourty pounds of Tobacco <HI>per</HI> Pole, and the applying and di&s;po&s;ing the &s;ame as by this Act ordained. And the &s;aid Ve&s;tryman, are hereby Empowered and Enabled by the Names of the principal Ve&s;tryman, and his Brethren Ve&s;trymen of &s;uch Pari&s;h, to recover take, and receive, into their cu&s;&s;ody and po&s;&s;e&s;&s;ion, to be di&s;po&s;ed of in pious u&s;es, for the benefit of the Church and Pari&s;h, any Lands, Tenements, He|reditaments, or any E&s;tate in any Lands, or Tenements of what nature or kind &s;oever; or any manner of Goods, Chattels, Debts, Credits, or other per&s;onal E&s;tate, of what nature or kind &s;oever; and by what manner of way &s;oever, given, granted, bequeathed, or be&s;towed, either by Deed, Gift, Promi&s;e, or Grant of the Donor or Donors in Life, or by any la&s;t will and te&s;tament, or any otherhone&s;t and lawful Ways or Means what|&s;oever: which &s;aid Ve&s;try's, or Bodies Corporate are confirmed, and hereby made ca|pable of Suing, and being Sued by the Names and Titles afore&s;aid, of, for, and touch|ing any the premi&s;es; of which Ve&s;try, or Body Corporate the Number &s;hall allways be &s;ix at lea&s;t, except upon death o<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> ab&s;ence of any one of them; and in &s;uch ca&s;e of death, or ab&s;ence, or other Legal Incapacity of Serving, the remaining part of &s;uch Ve&s;try, &s;hall with all convenient Speed meet, and by Majority of Voices, elect and choo&s;e one or more &s;ober and di&s;creet per&s;on or per&s;ons Freeholders, of each re&s;pective Pari&s;h, to &s;upply &s;uch ab&s;ence or defect, and &s;uch per&s;ons &s;o elected and cho&s;en, after taking the u&s;ual Oath appointed by Act of Parliament; in&s;tead of the Oaths of Allegi|ance and Supremacy, and the Oath of a Ve&s;tryman, appointed by this Act. That is to &s;ay, I do &s;olemnly Swear and Declare, that I will ju&s;tly and truly execute the Tru&s;t and Office of a Ve&s;tryman of this Pari&s;h, according to my be&s;t Skill and Knowledge, without Prejudice Favour or Affection; but with equal Right to all Per&s;ons, for the benefit of this Church and Pari&s;h: And will not dimini&s;h or detain, from any Mini|&s;ter Legally quallified and pre&s;ented, inducted or appointed by his Excellency the Go|vernour, or other per&s;on Legally Authorized thereto; any Right Perqui&s;ite or Benefit given by Law, So help me God. And &s;ub&s;cribing the Te&s;t and A&s;&s;ociation, &s;hall be deemed and taken as one of the Ve&s;try, to all intents and purpo&s;es. And if any per&s;on &s;o cho&s;en Ve&s;tryman, &s;hall refu&s;e to &s;erve and take the Oaths afore&s;aid, he &s;hall be fined one thou&s;and pounds of Tobacco, to his Maje&s;ty as afore&s;aid. And the &s;ame me|thod &s;hall allways be ob&s;erved, to perpetuate the Succe&s;&s;ion of the Ve&s;try, in all time to come. Provided allways, That in every Pari&s;h, where any Mini&s;ter or Incumbent is, or &s;hall be in&s;tituted, inducted, appointed, and inve&s;ted with the fourty <HI>per</HI> Pole, and re&s;iding therein, he &s;hall during his continuance afore&s;aid and no longer, be one of the Ve&s;try of &s;uch Pari&s;h, and principal of &s;uch Ve&s;try, altho' there be the Number of &s;ix
<PB REF="59" MS="y">per&s;ons before; and for keeping a fair Regi&s;ter of all &s;uch Ve&s;tries proceedings, and for Regi&s;tring of all Births, Marriages, and Burials, in each re&s;pective Pari&s;h. BE IT EN|ACTED by the Authority Advice and Con&s;ent afore&s;aid, That each Ve&s;try &s;hall, and is hereby obliged, to appoint, and keep a <GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">t per&s;on for a Regi&s;ter, who &s;hall at all timer keep a fair Regi&s;ter of the Ve&s;tries proceedings, in Executing their Tru&s;t and Authori|ty; which Regi&s;ter &s;hall all&s;o take the Oaths afor&s;aid, and al&s;o an Oath given him by the &s;aid Ve&s;try, for the due and faithful executing his &s;aid Office: and &s;hall make true Entry of all Ve&s;try Proceedings, and of all Births, Marriages, and Burials, (Negroes and Mallattoes excepted) That is to &s;ay, the Chri&s;tian and <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ir name, with the Day, Month, and Year of every &s;uch Birth, Marriage, or Burial; to which purpo&s;e, all and every the Inhabitants of each Pari&s;h, that are either Parents, Guardians, Over&s;eers, Ma|&s;ters, or Mi&s;tre&s;&s;es of any per&s;ons, Born, Married, or Buried; are hereby injoynd and required, to give notice to the Regi&s;ter, of &s;uch Pari&s;h within two Months after &s;uch Birth, Marriage, or Burial; and pay him &s;ix pence for Entrng it, at the time of giving Notice afore&s;aid; under the penalty of one hundred pounds of Tobacco to &s;uch inha|bitants afore&s;aid; refu&s;ing or neglecting as afore&s;aid. And under the penalty of one hundred pounds of Tobacco to &s;uch Regi&s;ter, refu&s;ing or neglecting to enter it, having received his Fee for the &s;ame; and &s;uch Regi&s;ter, is likewi&s;e hereby obliged to &s;hew any per&s;on or per&s;ons rea&s;onably de&s;iring it, any &s;uch Regi&s;ter, or give a Certificate of any Regi&s;ter of Births, Marriages, or Burials; that &s;hall be rea&s;onably required of him, and &s;hall have for his Fees from &s;uch per&s;ons &s;ix pence for any Search, and &s;ix pence for any Copy or Certificate given as afore&s;aid, and no more; hereby Ratifying and Confirming as valid, all Regi&s;ters or Entries of any Births, Marriages, or Burials heretofore made, with any Clark of any County Court, according to Directions of &s;uch Laws as were then in force; before any of the&s;e <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">aws were in being. And that the Re|gi&s;ter of each Pari&s;h, may be enabled to perform the Charge hereby required of him. BE IT ENACTED by the Authority, Advice, and Confent afore&s;aid, That if there be any Ve&s;tries of any Pari&s;hes, that have not allready provided good and &s;ub&s;tantial Writing Books well bound, &s;ufficient for Regi&s;tring &s;uch proceedings in, aecording to the Directions of the former Laws, That in every &s;uch ca&s;e, of &s;uch Neglect or Omi&s;|&s;ion, the Ve&s;try of &s;uch Pari&s;h &s;hall at the Pari&s;h Charge, provide &s;uch Book or Books, within &s;ix Months from the End of this Se&s;&s;ion of A&s;&s;embly, under the penalty of five hundred pounds of Tobacco each Ve&s;tryman, (the Mini&s;ter only excepted) neglecting as afore&s;aid, to our Sovereign Lord the King, for the u&s;es herein mentioned. And that there may be no neglect in the Ve&s;tries, or tho&s;e imployed under them, in the careful and Con&s;cionable Performances of their Several Charges in this Law contained; the &s;aid &s;everal Ve&s;trles are hereby obliged to meet frequently, or as often as need &s;hall re|quire, upon notice given by the principal Ve&s;tryman of each Pari&s;h, to con&s;ult of the Methods and Ways of performing the &s;everal Authorities Repo&s;ed in them; and from which Ve&s;tries &s;o appointed, no Ve&s;tryman without Lawful Impedement &s;hall ab&s;ent him&s;elf, under the penalty of one hundred pounds of Tobacco to each Ve&s;tryman, will|fully neglecting to appear as afore&s;aid; and under the &s;ame penalty, to &s;uch principal Ve&s;tryman who &s;hall not appoint &s;uch Ve&s;try to meet when need &s;hall require; &s;uch Omi&s;&s;ions and Neglects to be Noted in the Ve&s;tries Regi&s;ter of proceedings, and Reco|vered in his Maje&s;ties Name. And the &s;aid &s;everal and re&s;pective Ve&s;tries are hereby further injoyned, that where there is not Tables of Marriages already put up in their Re&s;pective Pari&s;h Churches, with all convenient &s;peed, and within &s;ix Months at themo&s;t, to procure a fair Table of Marriages tran&s;cribed, and &s;et up in their Re&s;pective Churches; and the &s;ame keep continually in the &s;aid Church, that per&s;ons being there|by informed what Marriages are forbidden, may avoid the contracting any &s;uch un|lawful Marriage; and that the &s;aid Ve&s;trymen, do once every Year, in or about the Month of <HI>January,</HI> yearly make choice and appoint two &s;ober and di&s;creet Freeholders of their Re&s;pective Pari&s;hes, to be Church Wardens for that Year, upon penalty of two hundred pounds of Tobacco each Ve&s;tryman, (except tho&s;e excepted) neglecting either in the Table of Marriages, or appointing Church Wardens to our Sovereign Lord the King as afore&s;aid, which Church Wardens &s;o cho&s;en, &s;hall take the u&s;ual Oaths, and likewi&s;e declare on his Oath given by the Ve&s;try, well and faithfully to execute that Office the en&s;uing Year, according to the be&s;t of his knowledge; and any &s;uch per&s;on or per&s;ons &s;o cho&s;en, Church Warden or Wardens, that &s;hall willfully refu&s;e to &s;erve in the &s;aid Office, and take the Oaths afore&s;aid, &s;hall be &s;ined one thou&s;and pounds of
<PB N="4" REF="60">Tobacco to our Sovereign Lord the King, and the Church Wardens, and Ve&s;try are Authon&s;ed and Required, to take constant Care to &s;atishe and pay the Farochial Char|ges, and of all nece&s;&s;ary Repairs and amendments of the re&s;pective Churches, Chapels or Church-yards; and cau&s;e the &s;ame at a<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> times to be repaired and amended, as need &s;hall require; and &s;atis e and pay for the &s;ame, either out of the fourty <HI>per</HI> Pole, where no Mini&s;ter is appointed, or out of &s;uch other Gifts, Grants, Goods, Chattels, or Credits as &s;hall come to their Hands, for the Church or Pari&s;h u&s;e; if there be any Mini&s;ter in&s;tituted therein. But if it &s;hall &s;o happen, that there &s;hould be a Mini&s;ter Legally in&s;tituted therein, and the Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry have not any Enects in their Hands, be&s;ides the fourty <HI>per</HI> Pole, to pay Parochial Charges, as afore&s;aid, or to make &s;uch nece&s;&s;ary Repairs as is required, then and not otherwi&s;e, it &s;hall be Lawful for the ju&s;tices of the County Courts, upon application of &s;uch <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ari<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">, Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry, and Church Wardeus to a&s;&s;e&s;s the Re&s;pective Pari<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hes, by a certain sum of Tobaceo, not exceeding ten pounds of To|bacco by the I ole in any one Year; which abetment, made by &s;uch County Court, and a Certificate there of under the County <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eal, &s;hall be &s;u&s;&s;icient to the Sherrif of &s;uch County, to Leavy &s;uch Tax by the pole, on the Taxables of &s;uch Pari&s;hes in the &s;ame manner as other publick Dues are Leavied, and &s;hall not deduct above five <HI>per Cent.</HI> for his Sallary, and pay the &s;ame to &s;uch Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry, for the u&s;e afore&s;aid; and to the Intent that this Act may an&s;wer the End of the Makers. Which is, That his Maje&s;ty's good Subjects of this Province, may be in ructed in Religion, and therein, of their Duty to God, his Majehy and them&s;elves: And tho&s;e Pious and Exemplary Per&s;ons that &s;hall Labour therein &s;uitably provided for. <HI>Be it Enacted</HI> by the Authority Advice and Con&s;ent afore&s;aid, That no Mini&s;ter or Incumbent &s;hall at one time, hold more than two Pari&s;hes, nor two Pari&s;hes, but by the Denre and Agreement of the Ve&s;try of the &s;aid adjacent Pari&s;h, and Con&s;ent of the Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry's where he rendes, and the appoint|ment of his Excellency the Governour, or other per&s;on Legally Authori&s;ed thereunto for the time being; nor claim other, or larger part of the fonrty <HI>per</HI> Pole, than what &s;uch adjacent a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">i&s;h &s;hall Con&s;ent and agree with him yearly to pay. And it is the true intent and meaning of this Act; That what Sum or Sums of Money, Tobacco, Goods, Chattels or any other Intere&s;t, except Land, given to the u&s;e of the Church, and the fourty <HI>per</HI> Pole, that &s;hall come into the Veary's Hands, by any means what&s;oever as afore&s;aid; &s;hall always be imployed in the first place, to Repairing the Church, or Cha|pel, and what appertains to it; and providing decent Ornaments and Requi&s;ites for the &s;ame, and other parochial charges; and in the next place, for and towards the Educa|ting and In&s;tructing poor Orphans of the Fari&s;h, that are not able to procure In&s;truction to them&s;elves; and if any thing remains, over and beyond what will an&s;wer the&s;e occa|&s;ions, to &s;uch other pious and Charitable u&s;es, as the Ve<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry and Church Wardens of of &s;uch Pari&s;h &s;hall <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nd mo&s;t requi&s;ite in their Directions; and that the &s;everal Ve&s;try|men of each re&s;pective Pari&s;h may not be di&s;couraged, to look after any thing, that by any means as afore&s;aid, becomes the Pari&s;h Right and Due. <HI>Be it Enacted</HI> by the Authority Advice and Con&s;ent afore&s;aid, That in any Action by them Commenced in the Name of a Ve&s;try, and for the benefit of the Pari&s;h as afore&s;aid, they &s;hall not be obliged to pay any Fees or Co&s;t of Suite, to any Per&s;on or Officer, unle&s;s they Recover in the &s;ame Action; nor pay the Defendant any Co&s;t, in ca&s;e the Ve&s;try &s;hall not reco|ver, or be Ca&s;t on &s;uch Tryal. And that the major part of the Members of every Ve&s;try, &s;hall be Con&s;trued the Ve&s;try, capable to proceed in any matter; and that where there are not, or &s;hall not be Mini&s;ters, in any Pari&s;h it &s;hall, and may be Lawful for the Ve&s;try to provide &s;ome &s;ober and di&s;cteet Per&s;on as a Reader, and agree with him for &s;uch Service, <HI>ter</HI> year, or otherwife for le&s;s time; and allow him his pay out of the fourty <HI>per</HI> Pole, what part thereof they &s;hall agree for, not exceeding the one half yearly of &s;uch Revenue; and and upon &s;uch Reader's taking the &s;aid Oaths ap|pointed by Act of Parliament, &s;ub&s;cribing the Te&s;t and A&s;&s;ociation, and procuring Li|cence from his Excellency the Governour, or other Per&s;on thereunto authori&s;ed; &s;hall and may Read Divine Service, Himilies and other good Authors, of practical Divinity at the u&s;ual times in &s;uch Church or Chapel, and therein &s;hall demean him&s;elf accord|ing to the Liturgy of the Church of <HI>England</HI> as afore&s;aid. La&s;tly, it is Ordained, and Enacted, by the Authority Advice and Con&s;ent afore&s;aid, That the &s;everal Fines and Forfeitures that &s;hall happen by the Tenor of this Act, &s;hall be recovered by Action of Debt in his Maje&s;ties Name, his Heirs or Succe&s;&s;ors; and applyed to the u&s;e of the Pari&s;h, and in &s;uch manner as before directed in this Act. And that one Act made at a
<PB N="5" REF="60">General A&s;&s;embly begun and held at the City of St. <HI>Mary's</HI> the <HI>10th.</HI> Day of <HI>May</HI> 1692. Entituled <HI>An Act for the Service of Allmighty God</HI> &amp;c. One other Act made at a Se&s;&s;ions of A&s;&s;embly begun and held at the Port of <HI>Annapolis</HI> the Eighth day of <HI>May</HI> 1695. Entituled <HI>An Additional Act to the Act of Religion,</HI> One other Act made at a Se&s;&s;ions of A&s;&s;embly begun and held at the Port of <HI>Annapolis</HI> the Ninth Day of <HI>July</HI> 1696. Entituled <HI>An Act for the &s;ervice of Allmighty God &amp;c.</HI> And one other made at a Se&s;&s;ions of A&s;&s;embly begun and held at the Port of <HI>Annapolis</HI> the <HI>28th.</HI> Day of <HI>June</HI> 1699. Entituled <HI>An Act Impowering the Ve&s;try to A&s;&s;e&s;s their Par i&s;honers for fini&s;hing and and repairing their Pari&s;h Churches,</HI> and every part of every of the &s;aid Laws, be and are hereby Repealed and made Void.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for &s;peedy Tryal of Criminals, and a&s;certainining their puni&s;hments in the County Courts, when pro&s;ecuted there.</HEAD>
<P>WHEREAS many Acts of Affcmbly have been heretofore made again&s;t Theiving and Stealing, which at this pre&s;ent are experienced in effectual, to prevent the Committing tho&s;e Crimes, nor &s;ufficiently to puni&s;h them, when Com|mitted.</P>
<P>BE IT THEREFORE ENACTED by the Kings mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent general A&s;&s;embly and the Authority of the &s;ame, That it &s;hall and may be Lawful, for and to the &s;everal ju&s;tices of the County Courts of this Province, to hold Plea of Adjudge, and in Lawful Manner determin, all Theiving and Stealing of any Goods or Chattels of what nature or kind foever, that are fit for the nece&s;&s;ary u&s;e Service or Support of Mankind; not being above the vallue of one thou&s;and pounds of Tobacco, Robbery Burglary and Hou&s;e Breaking excepted, and every Per&s;on or Per&s;ons Legally Convicted of any &s;uch Theiving and Stealing (ex|cept before excepted) by the Te&s;timony of one or more &s;nfficient Evidence, not be|ing the Party greived, before any &s;uch County Court as afore&s;aid, &s;hall or may cau&s;e to be puni&s;hed, by paying four fold of the vallue of the Goods &s;o theived and &s;tolen, to the Party or Parties greived thereby, and by putting in the Pillory and whipping, &s;o many Stripes as the Court before whom &s;uch Matter is tryed &s;hall adjudge, not excecd|ing Fourty; which Court &s;hall allways adjudge the vallue of the Goods &s;o theived and &s;tolen as afore&s;aid, and if any &s;uch Per&s;ons &s;o Convicted, have not &s;ufficient Goods and Chattels, or be a Servant, whereby he is uncapable to have Goods and Chattels to &s;atis|fie and pay &s;uch four fold as afore&s;aid, in every &s;uch Ca&s;e, &s;uch Per&s;on or Per&s;ons &s;hall receive the Corporal Puni&s;hment as afore&s;aid, and &s;atisfie the Four Fold, and Fees of Conviction by Servitude; the Freemen being de&s;titute of Goods as afore&s;aid, his time to commence from the time of Conviction as afore&s;aid, and if a Servant, to Cemmence from the End of &s;uch Servitude as he is then at &s;uch Conviction bound to, the time of Service to be adjudged by &s;uch County Court, either to the Party greived, or any other Per&s;on the Court &s;hall order &s;uch Convict to, that will then and there pay, or &s;ecure to be paid the &s;aid four Fold and Co&s;ts afore&s;aid, at the Di&s;cretion of the Court; and if any per&s;on or per&s;ons &s;hall receive, or take part of &s;uch &s;tolen Goods, or a&s;&s;i&s;t the per|&s;on &s;o &s;tealing as afore&s;aid, to make away or conceal them, being Legally Convicted as afore&s;aid, &s;hall &s;uffer the &s;ame pains, and incur the &s;ame penalties, with the Party &s;tealing as afore&s;aid; any Law or U&s;age to the contrary notwith&s;tanding. And if any per&s;on or per&s;ons having been once Convicted of any &s;uch theiving and &s;tealing, (ex|cept before excepted) and &s;hall after be again pre&s;ented for theiving and &s;tealing of any Goods or Chattels laid to be above the vallue of twelve pence, it &s;hall not be tried and determined by any County Court, but the party's pre&s;ented on &s;uch pre&s;entment, &s;hall be proceeded again&s;t in the Provincial Court as a Felon, for &s;imple Felony; according to the Laws of <HI>England,</HI> and the Tran&s;cript of his former Conviction: And &s;uch pre|&s;entment &s;hall by the Clark of every &s;uch County Court, be imediately &s;ent to the then next Provincial Court, under the penalty of one thou&s;and poun ds of Tobacco, to our Sovereign Lord the King, his Heirs and Succe&s;&s;ors; and the Party's Witne&s;&s;es a|gain&s;t &s;uch Felon, if in Court at the time of &s;uch pre&s;entment, to be bound over to give Evidence as afore&s;aid, or otherwi&s;e if not in Court, an account of their Names and places of dwelling to be &s;ent the Attorney General, to be Summoned again&s;t the then next Provincial Court in order to &s;uch Tryal, and the Party pre&s;ented if in Court, to be bound over al&s;o by due Cour&s;e of Law, to an&s;wer &s;uch pre&s;entment, or if not in
<PB N="6" REF="61">Court, proceeded again&s;t by due cour&s;e of Law as afore&s;aid, and to prevent the rani|tiplicity of Wood Rangers.</P>
<P>Be it <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> by the Authority Advice and Con&s;ent afore&s;aid, that no per&s;on what|&s;oever &s;hall pre&s;ume to Range in the Woods or Forre&s;ts, after Wild Neat Ca<GAP DESC="illegible" RESP="pdcc" EXTENT="3 letters"> or Hor&s;es, without a Licence from his Excellency the Governour in Chief for the time being, under the penalty of five thou&s;and pounds of Tobacco for every &s;uch wild Crea|ture, that &s;uch unlicenced Ranger &s;hall kill, take, or convey away alive or dead: one half to our Sovereign Lord the King, the other half to the informer, or him or them, that will Sue for the &s;ame; by Action of Debt, Bill, Plaint, or Information, wherein to E&s;&s;oyn, Protection, or Wager of Law &s;hall be allowed; and that any per&s;on or per|&s;ons what&s;oever, that &s;hall kill any unmarked Swine being above three Months old, if not upon his or their own Land, or not in Company with his or their own Stock, &s;hall and is hereby adjudged a Hog-&s;tealer, and &s;hall be lyable to re&s;tore four fold, and to &s;uffer &s;uch Corporal pains, as again&s;t the fir&s;t Offence in this Act menrioned; and to prevent any &s;uch per&s;on or per&s;ons concealing or disfiguring the mark of any Swine kil|led as afore&s;aid.</P>
<P>Be it further Enacted by the Authority Advice and Con&s;ent afore&s;aid, that if any per&s;on or per&s;ons killing any &s;uch unmarked Swine, in the Woods, or others, and &s;hall willfully disfigure the Mark or Cut of the Ear of &s;uch Swine, &s;o as to conceal the true and real Mark, or whether it were marked or not, &s;hall be deemed and adjudged a Hog-&s;tealer, within the purview of this Act and &s;hall &s;uffer accordingly; and to prevent the abu&s;&s;ing, hunting, or worrying any Stocks of Hogs, Cattle, or Hor&s;es with Dogs or otherwi&s;e. Be it Enacted that if any per&s;on or per&s;ons what&s;oever, that have been Convicted of any of the Crimes afore&s;aid, or other Crimes, or of evil Fame, and di&s;&s;o|lu<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e Living, that &s;hall &s;hoot, kill, and hunt upon any per&s;ons Land, whereon there &s;hall be a Seated Plantation without the Owners Leave, having been once before warned, &s;hall forfeit and pay one thou&s;and pounds of Tobacco; one half to our Sovereign Lord the King, the other half to the party greived, or tho&s;e who will Sue for the &s;ame, to be Recovered as afore&s;aid. And the better to imprint the paint and penalty's of this Law into the Minds of all forts of People, and to prevent the committing any &s;uch Comes and Offences afore&s;aid.</P>
<P>Be it al&s;o Enacted that this Act &s;hall be publickly Read four times a year in every Pari&s;h Church of this Province, at the time of a full Congregation either before or af|ter Service, by the Clark or Reader of &s;uch Church, under the penalty of one thou&s;and pounds of Tobacco Forfeit to our Sovereign Lord the King, for the u&s;e of &s;uch Pari&s;h, to be paid or Recovered of every Clark or Reader &s;o neglecting.</P>
<P>And Be it Enacted that every Clark of the Several and Re&s;pective County Courts of this Province, be, and are hereby obliged, <HI>ex Officio,</HI> to deliver unto the &s;everal Clarks of their Pari&s;hes, wirhin their County's, a fair Copy of this Act for publi&s;hing and reading as afore&s;aid.</P>
<P>And Be it further Enacted by and with the Authority Advice and Con&s;ent afore&s;aid, that one Act made at an A&s;&s;embly, begun and held at the Town of <HI>Annapolis</HI> the <HI>28th.</HI> Day of <HI>June,</HI> in the Eleaventh Year of the Reign of our Sovereign Lord-King <HI>William</HI> the Third <HI>Anno Domini</HI> 1699. Entituled <HI>An Act for &s;peedy Tryal of Criminals, and A&s;|certaining their puni&s;hmets in County Courts when pro&s;ecuted there:</HI> Alland every Clau&s;e therein contained, is, and are hereby Repealed and made Void.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for the pre&s;ent Security of the Frontier Plantations, again&s;t the Incur&s;ions, and Violence of Indians <HI>&amp;c.</HI></HEAD>
<P>WHEREAS his Excellency the Governour, has at a Late Treaty with the <HI>Pi&s;cattaway Indians,</HI> Renewed the Articles of Peace formerly made betwixt the <HI>Engli&s;h</HI> and the &s;aid <HI>Indians,</HI> who thereupon promi&s;ed to return again and &s;ettle a|mong us as heretofore, and to ob&s;erve and perform the &s;aid Articles in all points ac|cording to Agreement, but by rea&s;on the time appointed for their Return is not yet ac|compli&s;hed, and in con&s;ideration of their Infidelity, and the little Regard they have to perform Promi&s;es, and Agreements with them made. Be it Enacted by the Kings Mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of this pro&s;ent General A&s;&s;em|bly, and the Authority of the &s;ame; That Capt' <HI>Richard Hill,</HI> Mr. <HI>Samuel Toung,</HI> Mr. <HI>John Wo<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">tkington,</HI> Mr. <HI>William Hutchi&s;on,</HI> Mr. <HI>Thomas Greenfield,</HI> Mr. <HI>Walter Smith,</HI>
<PB N="7" REF="61">Mr. <HI>Eli&s;h<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Ha<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">,</HI> Mr. <HI>Phillip Hoskins,</HI> and Mr. <HI>Ben<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">amin Hall,</HI> or the major part of them, be, and are hereby Cou&s;tituted and appointed a Comittee, to joyn with <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> Ex|cellency the Governour, and his Maje&s;ties Honourable Council, in advi&s;ing and con|certing &s;uch mea&s;ures, as will &s;uppre&s;s any violence, which may be offered to this Pro|vince by the <HI>Indians,</HI> after the breaking up of this pre&s;ent Se&s;&s;ions of A&s;&s;embly, until &s;uch time as the &s;aid General A&s;&s;embly can po<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">bly be again Convened.</P>
<P>And Be it further Enacted by the Authority afore&s;aid, by and with the Advice and Con&s;ent afore&s;aid, That Collonel <HI>John Thomp&s;on, James Frisby</HI> <ABBR>E&s;q</ABBR> and Mr. <HI>John Hall,</HI> with what other per&s;ons they &s;hall think fit, be di&s;patched with all convenient Speed, to the <HI>Su&s;quehannah</HI> and other Neighbouring <HI>Indians;</HI> to Ratyfie and Confirm the League formerly made with them, and to Enter into &s;uch furcher Articles as by his Excellency the Governour, and Council, and Comitee before appointed, &s;hall propo&s;e to them: And that a pre&s;ent be given to the &s;aid <HI>Indians,</HI> and what &s;hall be con&s;ul<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ed, agreed on, and done by the Governour and Council, with the Advice of the &s;aid Com|mittee, is hereby allowed of, and con<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">rmed by the General A&s;&s;embly. This Act to endure fill next Se&s;&s;ions of A&s;&s;embly and no longer.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Additional Act, to the Act touching Coopers, and the Gauge of Tobacco Hog&s;heads.</HEAD>
<P>WHEREAS an Act was made in an A&s;&s;embly begun and held at the City of St. <HI>Mary's,</HI> the 21th. Day of <HI>September,</HI> In the Sixth Year of the Reign of our Sovereign Lord and Lady King <HI>Williams</HI> and Queen <HI>Mary Anno Domini</HI> 1694. En|tituled <HI>An Act touching Coopers, and the C<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ge of Tobacco Hog&s;heads;</HI> In which &s;aid Act are &s;everal penalties laid on Coopers for their Neglect, and Nonperformance of the &s;everal Clau&s;es in the &s;aid Act to them Relating. And whereas it plainly appears that the Planter or Imployer is the p<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">cipal Tran&s;gre&s;&s;or of the &s;aid Act, by cau&s;ing the Cooper with whom he agrees to make the &s;aid Hog&s;heads of a larger &s;ize, than is by the &s;aid Act provided and directed.</P>
<P>BE IT THEREFORE FURTHER ENACTED by the Kings Mo&s;t Excellent Ma|je&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly, and the Authority of the &s;ame; That any Per&s;on what&s;oever, that &s;hall hereafter agree with, or imploy any Cooper, or other Per&s;on, to make Tobacco Hog&s;heads, and &s;hall make, &s;uffer, or cau&s;e the &s;ame to be made of a larger &s;ize, than by the &s;aid Act is di|rected, &s;hall for every Cask or Hog&s;head &s;o made, forfeit and pay the Sum of two hundred pounds of Tobacco, and after the &s;ame rate for a greater or le&s;&s;er quantity; the one half thereof to be paid to our Sovereign Lord the King, and the other half to the Informer, or him or them that will Sue for the &s;ame; to be Recovered by Action of Debt, Bill, Plaint, or Information in any of his Maje&s;ty's Courts of Record within this Province, wherein no E&s;&s;oyn, Protection, or Wager of Law to be allowed.</P>
<P>And Be it furthor Enacted by the Authority afore&s;aid, That this Law be given in Charge by the Ju&s;tices of every Re&s;pective County in this Province, to the Grand Jury, by them to be enquired of.</P>
<P>This Act to be, and Remain in full Force, till the Act herein mentioned be Repeal+ed, or otherwi&s;e made Void.</P>
<P><HI>A Petitionary Act for Confirming Land given to</HI> Chri&s;t Church, <HI>in</HI> Calvert <HI>County, by the la&s;t Will and Te&s;tament of Captain</HI> Richard Ladd, <HI>of that County decea&s;ed.</HI></P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for quieting differences that may ari&s;e between his Maje&s;ties Subjects within this Province, and the Several Nations of <HI>Indians,</HI> of what places &s;oever.</HEAD>
<P>WHEREAS many differences have, and may hereafter ari&s;e and grow, be|tween the <HI>Engli&s;h</HI> and <HI>Indians,</HI> which for want of a &s;peedy way of determin|ing the &s;ame, many great charges and Ilconveniencies have, and may happen thereup|on by the &s;aid Controver&s;ies, being brought from the Remote&s;t Parts of this Province, to be heard and determined before the Governour and Council, to the very great trouble of the Per&s;ons concerned, and the publick charge. Which to prevent, and to give a &s;peedy Redre&s;s in all &s;uch matters.</P>
<PB N="8" REF="62">
<P>BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly and the Authority of the &s;ame, That the Per&s;ons in this Act hereafter mentioned and appointed, be, and are hereby Authori&s;ed and Empowered, to hear, and determin all manner of Controver&s;ies, and Differences what&s;oever, that &s;hall, or may hereafter happen, or grow between the <HI>Engli&s;h</HI> and <HI>In|dians,</HI> in private, or per&s;onal Controver&s;ies; not exceeding the vallue of twenty Shil|lings Sterling. That is to &s;ay; the <HI>Choptico Indians,</HI> and the <HI>Engli&s;h</HI> in <HI>St. Mary's</HI> County, and the parts adjacent, <HI>Ralph Fo&s;ter</HI> and <HI>James Swan.</HI> And for the <HI>Acokik, Pi&s;cattaway,</HI> and <HI>Paymonkey Indians,</HI> and the <HI>Engli&s;h</HI> in <HI>Charles</HI> and <HI>Prince Georges</HI> County, and the parts adjacent, Collonel <HI>John Addi&s;on,</HI> Mr. <HI>William Hatton,</HI> and Major <HI>James Smallwood.</HI> And for the <HI>Su&s;quehanochs, Shavanals,</HI> and <HI>Delaware Indians</HI> and others, in tho&s;e Frontiers, Collonel <HI>John Thomp&s;on,</HI> and Mr. <HI>Edward Blav.</HI> And for the <HI>Nanticoke, Ababcoes,</HI> and <HI>Hachwop Indians,</HI> and the <HI>Engli&s;h</HI> in <HI>Dorche&s;ter</HI> Coun|ty, and parts adjacent, Lievetenant Collonel <HI>Thomas Ennals,</HI> and Mr. <HI>Thomas Hicks.</HI> And for the <HI>Monokins, Rokohankins,</HI> and <HI>Monte Indians,</HI> and the <HI>Engli&s;h</HI> in <HI>Somer&s;et</HI> County, and parts adjacent, Collonel <HI>William Whittington,</HI> and Mr. <HI>Levin Denwood Senior.</HI></P>
<P><HI>And Be it Euacted</HI> by the Authority afore&s;aid, That all and every the Per&s;ons in this Act beforementioned, be, and are hereby Authori&s;ed and Empowered, upon hearing and determining any &s;uch Difference or Controver&s;ie as afore&s;aid, and judgment there|upon given, either Party refu&s;ing to perform the &s;ame, then, and in every &s;uch ca&s;e, the Per&s;on or Per&s;ons &s;o Empowered, &s;hall by way of Di&s;tre&s;s, take into his Cu&s;tody the Goods and Chattels of the Offender, and out of the &s;ame, make full &s;atisfaction to the Party wronged, at the di&s;cretion of the Per&s;ons &s;o Authori&s;ed and by this Act Em|powered; and the overplu&s;h to return to the Owners thereof.</P>
<P><HI>And Be it further Enacted</HI> by the Authority afore&s;aid, That in any Matter of Differ|ence of a higher Nature or greater Vallue; then the Per&s;on or Per&s;ons hereby Autho|ri&s;ed &s;hall have power to hear onely, and after Examination, the whole matter to tran&s;|mit to the Governour and Council for the time being, who&s;e final determination &s;hall be effectual according to Law.</P>
<P><HI>And Be it further Enacted</HI> by the Authority afore&s;aid, That if any &s;uch Difference &s;hall happen between the <HI>Engli&s;h</HI> and the <HI>Indians</HI> in this Province, where particular Per&s;ons are not herein nominated and appointed, to hear and determin the &s;ame as afore&s;aid; that then, and in every &s;uch ca&s;e, the next Ju&s;tice of the Peace is hereby Em|powered to hear and determin the &s;aid Difference, according to the Rules and Me|thods herein pre&s;cribed.</P>
<P><HI>And Be it further Enacted</HI> by the Authority afore&s;aid, That in ca&s;e of Death or Ab|&s;ence of any the Per&s;ons in this Act nominated and appointed, that then it &s;hall, and may be Lawful, for the Governour for the time being, to nominate, con&s;titute, and appoint one, or more in his, or their Stead and Place; who &s;hall hereby have full Pow|er and Authority to do, and act in all things, as by this Act is directed. This Act to endure for three years, or to the End of the next Se&s;&s;ions of A&s;&s;embly, which &s;hall fir&s;t happen.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act for Reviving &s;ome Temporary Laws of this Province.</HEAD>
<P>BE IT ENACTED by the Kings Mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly, and the Authority of the &s;ame, That one Act of A&s;&s;embly of this Province, made at a General A&s;&s;embly, begun and held at the Port of <HI>Annapolis</HI> the 28th. Day of <HI>June</HI> in the Year of our Lord 1699. Entituled <HI>An Act for Limitation of Officers Fees,</HI> One other Act made at the &s;ame A&s;&s;em|bly, Entituled <HI>An Act for Summoning Grand and Petty Jury's,</HI> which &s;aid two Acts of A&s;&s;embly, and all and every Article, Clau&s;e, and Thing in the &s;aid two Acts contain'd, &s;hall be, and are hereby Revived and Continued, to &s;tand and be in Force and Effect, for, and during three Years, or to the End of the next Se&s;&s;ions of A&s;&s;embly, which &s;hall happen, after the End of the &s;aid three Years.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB REF="62">
<HEAD>An Act for Repealing Certain Laws in this Province, and Confirming others.</HEAD>
<P>WHEREAS Divers Laws have been heretofore made in this Province, which Time and Experience have rendered, u&s;ele&s;s and not agreeable to the pre&s;ent Con&s;titution to the state of Affairs as they are now &s;ettled.</P>
<P>BE IT THEREFORE ENACTED by the Kings Mo&s;t Excellent Ma|je&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent General A&s;&s;embly, and the Authority of the &s;ame, That all Laws made before the beginning of a Se&s;&s;ions of A&s;|&s;embly begun and held at the Town of <HI>Annapolis</HI> the <HI>28th.</HI> Day of <HI>June Anno Domint</HI> 1699. be, and are hereby utterly Repealed and made Void. Except &s;uch as by their particular Titles are expre&s;&s; and &s;et down in a Schedule, or Catologue hereunto an|next, and Acts for private purpo&s;es, which &s;aid Laws &s;o excepted, are hereby Raty|fied and Confirmed; (&s;aving to any Per&s;on the benefit, and advantage of any Suit or Action which is already commenced, or &s;ued upon any the &s;aid Repealed Acts) that is to &s;ay.</P>
<LIST>
<ITEM>An Act of Recognition.</ITEM>
<ITEM>An Act providing what &s;hall be good Evidence to prove Foreign Debts.</ITEM>
<ITEM>An Act for the ncouragement of the importation of <HI>Negroes.</HI></ITEM>
<ITEM>An Act for &s;ecuring the Rights of &s;everal Per&s;ons.</ITEM>
<ITEM>An Act for Limitation of certain Actions for avoiding Suits at Law</ITEM>
<ITEM>An Act for the Naturalization of <HI>John Old, on,</HI> and <HI>Mathias Vanderhayden.</HI></ITEM>
<ITEM>An Act for publication of all Laws within this Province.</ITEM>
<ITEM>An Act for taking away all Errors in proceedings at Law and Equity.</ITEM>
<ITEM>An Act again&s;t <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ngro<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">ers and Regrators.</ITEM>
<ITEM>An Act concerning <HI>Indians.</HI></ITEM>
<ITEM>An Act Limiting the Extent of Attachments, and providing what &s;hall be Leavied on Attachments and Executions.</ITEM>
<ITEM>An Act Impo&s;ing a penalty on all &s;uch who &s;hall di&s;po&s;e of Tobacco Seized, and Received by the Sherriffs and others.</ITEM>
<ITEM>An Act for appointing Coroners.</ITEM>
<ITEM>An Act for appointing certain Officers.</ITEM>
<ITEM>An Act for puni&s;hment of Per&s;ons, Suborning Witne&s;&s;es, or committing willful and corrupt Perjury.</ITEM>
<ITEM>An Act for &s;ettling an Annual Revennue upon the Governour <HI>&amp;c.</HI></ITEM>
<ITEM>An Act for pre&s;ervatian of &s;everal Harbours within this Province.</ITEM>
<ITEM>An Act for Settling a Standard with <HI>Engli&s;h</HI> Weights and Mea&s;ures, in the &s;everal Counties within this Province.</ITEM>
<ITEM>An Act again&s;t Exce&s;&s;ive U&s;ury.</ITEM>
<ITEM>An Act directing the manner of Electing and Summoning Delegates, and Repre&s;ent|atives to &s;erve in &s;ucceeding A&s;&s;emblies.</ITEM>
<ITEM>An Act for quieting Po&s;&s;e&s;&s;ions.</ITEM>
<ITEM>An Act for Repeal of all Laws heretofore made in this Province, and Confirming all Laws made this General A&s;&s;embly.</ITEM>
<ITEM>An Act for appointing Court Days in each re&s;pective County of this Province.</ITEM>
<ITEM>An Act prohibiting Comm&s;&s;ioners, Sherriffs, Clarks, and Deputy Clarks to plead as Attorneys in their Re&s;pective County Courts.</ITEM>
<ITEM>An Act again&s;t the Importation of Convicted Felons into this Prouince.</ITEM>
<ITEM>An Act for publication of Marriages.</ITEM>
<ITEM>An Act for the Encouragement of Learning, and Advancement of the Natives of this Province.</ITEM>
<ITEM>An Act prohibiting all Ma&s;ters of Ships or Ve&s;&s;els, or any other Per&s;ons, from tran&s;|porting or conveying away, and Per&s;on or Per&s;ons out of this Province without Pa&s;&s;es.</ITEM>
<ITEM>An Act for Confirming and making valid the La&s;t Will and Te&s;tament of <HI>Augu&s;tine Herman.</HI></ITEM>
<ITEM>An Act for the Naturalization of <HI>Peter Ferdinando</HI> and his Children and others.</ITEM>
<ITEM>An Act touching Coopers, and the Gauge of Tobacco Hog&s;heads.</ITEM>
<ITEM>An Act for Confirmation of all Proceedings, Judicial, Military, and Civil, from the Death of his Excellency <HI>Lyonel Copley</HI> <ABBR>E&s;q</ABBR> Governour of <HI>Maryland,</HI> unto the Arrival of his pre&s;ent Excellency <HI>Francis Nichol&s;on</HI> <ABBR>E&s;q</ABBR> pre&s;ent Governour</ITEM>
<PB REF="63">
<ITEM>An Act a&s;certaining the Expences of the Delegates of A&s;&s;embly, and the Commi&s;&s;i|oners of the Provincial, and County Courts.</ITEM>
<ITEM>An Act for Erecting <HI>Ann-Arundel</HI> and <HI>Oxford</HI> Towns.</ITEM>
<ITEM>An Act Impowering <HI>Richard Bi&s;hep</HI> of <HI>Talbot</HI> County Son and Heir of <HI>William Bi&s;hop</HI> late of <HI>Tallbot</HI> County decea&s;ed, to Sell and di&s;po&s;e of &s;o much Land as will amount to fifty thou&s;and pounds of Tobacco, for the payment of the Charges expe nded in Reco|vering the &s;aid E&s;tate.</ITEM>
<ITEM>An Act for Tonnage and Naval Officers Fees.</ITEM>
<ITEM>An Additional Act to the Act for quieting Po&s;&s;e&s;&s;ions.</ITEM>
<ITEM>An Act for the Recontinuing the late di&s;continued Proce&s;s and Proceedings of St. <HI>Mary's</HI> County Court</ITEM>
<ITEM>An Act for Naturalization of <HI>Daniel Dani&s;on Junior</HI> of <HI>Calvert</HI> County.</ITEM>
<ITEM>An Act for &s;ettling <HI>Ann-Arundel</HI> County Court at the Port of <HI>Annapolis,</HI> within the &s;ame County.</ITEM>
<ITEM>An Act for &s;ecuring Admini&s;trators and Executors from double paying of Debts, and limiting of the time for payment of Obligations within this Province.</ITEM>
<ITEM>An Additional Act to the Act for Ports.</ITEM>
<ITEM>An Act for the Naturalization of <HI>Mathias Mathia&s;on alias Freeman,</HI> and others.</ITEM>
<ITEM>An Act for a&s;certaining the Fees for Naturalization.</ITEM>
<ITEM>An Act for the Divi&s;ion and Regulating of &s;everal County's within this Province, and Con&s;tituting a County, by the Name of Prince <HI>Georges</HI> County, wirhin the &s;ame Pro|vince.</ITEM>
<ITEM>An Explanatory Act to the Act of Repeal of all Laws heretofore made in this Pro|vince, and Confirming all Laws made this General A&s;&s;embly.</ITEM>
<ITEM>An Act &s;ecuring Per&s;ons Rights to Town Lands.</ITEM>
<ITEM>An Act for laying an Impo&s;ition on &s;everal Commodities exported out of this Pro|vince.</ITEM>
<ITEM>An Act for the Natutalization of <HI>Michael C<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rlis</HI> and others.</ITEM>
<ITEM>An Act impowering the Commi&s;&s;ioners of the County of <HI>Kent,</HI> to purcha&s;e three Acres of Land, whereon to build a Court Hou&s;e.</ITEM>
<ITEM>An Act for &s;peedy Ju&s;tice, and Incouragement of Trade.</ITEM>
<ITEM>An Act for the Naturalization of <HI>John Edgar of Somer&s;et</HI> County.</ITEM>
<ITEM>An Act for Sanctifying and keeping Holy the Lords Day.</ITEM>
<ITEM>To the Kings Mo&s;t Excellent Maje&s;ty.</ITEM>
<ITEM>An Act for keeping good Rules and Orders in the Port of <HI>Annapolis.</HI></ITEM>
<ITEM>An Act for Confirming Titles of Land, given to the u&s;e of Churches and Chapels.</ITEM>
<ITEM>An Act for the better enabling <HI>Catherine Hermar</HI> to &s;ell Land in the Port of <HI>Annapolis.</HI></ITEM>
<ITEM>An Act Impowering the Commi&s;&s;ioners of each Re&s;pective County, to purcha&s;e Lands for the u&s;e of their Re&s;pective Courts.</ITEM>
<ITEM>An Act directing and appointing to what u&s;e the &s;everal Rooms in the <HI>State Hou&s;e</HI> in the Town of <HI>Annapolis</HI> &s;hall be apply'd to.</ITEM>
<ITEM>An Act for Naturalization of <HI>Stephen Krancis</HI> and <HI>George Slaycomhe.</HI></ITEM>
<ITEM>An Act a&s;certaining the Bounds and Limits of <HI>Ann-Arundel</HI> and <HI>Baltemore</HI> County's</ITEM>
<ITEM>An Act for Naturalization of <HI>Peter Dowdee.</HI></ITEM>
<ITEM>An Act for recontinuing of the late di&s;continued Proce&s;s and Proceedings of <HI>Caecil</HI> County Court.</ITEM>
<ITEM>An Act for better divi&s;ion of St. <HI>Pauls</HI> and <HI>Shrewsbury</HI> Pari&s;hes.</ITEM>
<ITEM>An Act Enabling <HI>Elizabeth Norman</HI> Executrix of <HI>George Norman</HI> to make over two Tracts of Land to <HI>John Gadsby</HI> 2nd his Heirs for ever.</ITEM>
<ITEM>An Act Impowering the Commi&s;&s;ioners of <HI>Caecil</HI> County to hold a Court this pre&s;ent year in <HI>April.</HI></ITEM>
<ITEM>An Act a&s;certaining the Bounds of a certain Tract of Land to the u&s;e of the <HI>Nanticock Indians</HI> &s;o long as they occupy and live upon the &s;ame.</ITEM>
<ITEM>An Act Impowering Tru&s;tees to purcha&s;e Lands adjoyning to the Fountains of heal|ing waters, called the <HI>coll Springs.</HI></ITEM>
<ITEM>An Act to Intitle <HI>William Cour&s;ey</HI> and <HI>Elizabeth</HI> his Wife, or the Survivor of them, to &s;ell &s;uch Lands as were left by Colonel <HI>Vincent Low,</HI> to be &s;old for the payment of his Debts.</ITEM>
<ITEM>An Act ve&s;ting two Tracts of Land in <HI>John Gadsby,</HI> &s;old him by <HI>George Norman.</HI></ITEM>
</LIST>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<PB REF="63">
<P>An Act for the Naturalization of <HI>Michael Bellicane Senior, Michael Bellicane Junior, Chri&s;topher Bellicane,</HI> and <HI>James Bellicane</HI> his Sons, and <HI>Chri&s;topher Mounts,</HI> all of <HI>Caecil</HI> County, and born of <HI>Dutch</HI> Parents.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<P>An Act for E&s;tabli&s;hing and making Vallid the La&s;t Will and Te&s;tament of <HI>James Tyer</HI> of <HI>Charles</HI> County Gent.</P>
</DIV2>
<DIV2 TYPE="Act of the Maryland General Assembly">
<HEAD>An Act Impowering a Comittee to Lay, A&s;&s;e&s;s, and apportion the publick Leavy, for thi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> pre&s;ent Year <HI>1700.</HI></HEAD>
<P>WHEREAS this pre&s;ent general A&s;&s;embly have for the defraying the publick charges of this Province, to this 9th. day of <HI>May</HI> 1000. rai&s;ed a certain Sum of Tobacco and Money, amounting to the Sum of two hundred twenty two thou&s;and, two hundred fifty and eight pounds of Tobacco, and five hundred &s;ixty and nine pounds five &s;hillings and eight pence Sterling; but by rea&s;on more publick charges may ari&s;e, and grow due, before the u&s;ual and accu&s;tomed time of payment, which is the tenth day of <HI>October</HI> yearly, at which time again to call and convene the whole A&s;&s;embly for that occa&s;ion onely, con&s;idering the great numberof them, and the Remotene&s;s of their ha|bitations from the place appointed, would be very chargable and burthen&s;om to the whole Province in general. For the prevention whereof, BE IT ENACTED by the Kings mo&s;t Excellent Maje&s;ty, by and with the Advice and Con&s;ent of this pre&s;ent gene|ral A&s;&s;embly and the Authority of the &s;ame, That one Burge&s;s or Delegate out of each County, and one out of the City of St. <HI>Mary's,</HI> be, and are hereby authorized and ap|pointed a Comittee to joyn with &s;ome of his Maje&s;ty's honourable Council, to lay and equally a&s;&s;e&s;s the &s;aid publick Leavy of this Province, <HI>viz.</HI> of his Maje&s;ty's honoura|ble Council, <HI>Thomas Brook</HI> <ABBR>E&s;q</ABBR> and Colonel <HI>John Hammond,</HI> and of the Hou&s;e of De|legates Colonel <HI>Thomas Smith&s;on</HI> Speaker, for <HI>Talbot</HI> County Capt' <HI>Thomas Waughop,</HI> for the City of St. <HI>Mary's</HI> Major <HI>John Low,</HI> for the County of St. <HI>Mary's,</HI> Major <HI>Tho|mas Smith</HI> for <HI>Kent</HI> County, Capt' <HI>Richard Hill</HI> and Mr. <HI>James Saunders</HI> for <HI>Ann-Arun|del</HI> County, Major <HI>Walter Smith</HI> for <HI>Calvert</HI> County, Capt' <HI>Philip Hoskins</HI> for <HI>Charles</HI> County, Mr. <HI>John Hall</HI> for <HI>Baltemore</HI> County, Colonel <HI>John Thomp&s;on</HI> for <HI>Caecil</HI> Coun|ty, Mr. <HI>Thomas Greenfield</HI> for <HI>Prince Georges</HI> County, Major <HI>Thomas Ennals</HI> for <HI>Dorche&s;ter</HI> County, and Mr. <HI>John Bozeman</HI> for <HI>Somer&s;et</HI> County, or the major part of them, &s;hall be, and appear at the Town of <HI>Annapolis</HI> on the <HI>10th.</HI> day of <HI>October</HI> next, then and there to lay and a&s;&s;e&s;s the &s;aid publick Leavy already rai&s;ed, and al&s;o to allow, leavy, and a&s;&s;e&s;s what further charges may accrew, which to them &s;hall ju&s;tly appear to be due from the publick, not exceeding &s;ixty thou&s;and pounds of Tobacco, more than what is already rai&s;ed; and likewi&s;e to apportion, order, and pay out of the publick Trea&s;ury of this Province, the Sum of five hundred &s;ixty nine pounds five &s;hillings and eight pence Sterling, to the &s;everal Per&s;ons to whom the &s;ame &s;hall be due, as by the Journal of the Comittee of Accounts appears, and a fair Journal of all the Proceedings to deli|ver to the Clark of the A&s;&s;embly, for the &s;atisfaction of all Per&s;ons therewith concern'd. And if it &s;hall happen, that his Excellency &s;hall plea&s;e to Convene an A&s;&s;embly before the <HI>10th.</HI> day of <HI>October</HI> afore&s;aid, then this pre&s;ent Act, and all and every Clau&s;e there|in contained &s;hall be void and of no Force.</P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
