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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 204   View pdf image (33K)
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204 Assembly Proceedings, August 5-September 28, 1745.

L. H. J.
Liber No. 46
p. 542

Law, I am at a loss to know to what Purpose; since the three years
&a intended by that continuing Clause from 1715 was expired in
1719, But the Truth and Reason of the Thing is this, that when a
Law is revived, it is impossible by any Words or Design of the
Legislature to revive the Continuing Clause, since the Time is ex-
pired to which it only relates, and therefore as Time cannot be
brought back again, that Clause can never be said to be revived,
And as the continuing Clauses must necessarily cease, and be after-
wards ever void to all Intents and Purposes, of themselves; the
Legislators in any Country never did, in any Instance whatsoever,
either of reviving, or perpetual Laws, repeal, a continuing Clause ;
since it would be unnecessary and ridiculous to make void what in
nature never could be supposed good, and it is sufficient to answer
all Purposes if the Purview of the Law is revived without the con-
tinuing Clause.
As for the supplementary Act to the Act for the ordering and
regulating the Militia of this Province, for the better Defence and
Security thereof; the Title of that expressly refers to the Act. This
is the Act which appears in our Body of Laws; this is the Act under
which the Militia has been always regulated and considered, and
the Security of the Province against Invasions and Insurrections,
only depends. Is not this an Attempt evidently calculated to explain,
or rather quibble away, the Militia Laws, and leave the Country
defenceless against any foreign or domestick Enemy, and to subject
all the Military Officers in the Country to endless Suits and Dis-
putes, for every Thing they have done in virtue of the said Law?
From these Circumstances I may fairly conclude, This is the Act,
and no other referred to in the supplementary Act, which the Legis-
lators then, and before considered as a perpetual Law; and which
I am so thoroughly convinced to be so, that for the sake, Defence,
and Ease of the Province, I am determined, with the Advice of the
Council, to put the same in Execution in all it's Parts, as often as
Occasion requires; 'til I am satisfied by some better Reasons, that
this Law of 1715 has been expired ever since 1725, contrary to that
common Sense which I am master of. T. Bladen
The Business of this Session being finished, Col. King and Maj.
Hall are sent to acquaint his Excellency, that no publick Business lies
before this House.
Col. Plater from the Upper House acquaints Mr Speaker, that
the Governor requires the immediate Attendance of the Lower
House in the Council Chamber.
Mr Speaker left the Chair, and attended by the several Members
of the Lower House, went to the Council Chamber; where his Ex-
cellency passed the several following ingrossed Bills into Laws, in
the usual Manner, by Sealing them with the Right Honourable the
Lord Proprietor his Great Seal at Arms, and Indorsing them thus,



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 204   View pdf image (33K)
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