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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 673   View pdf image (33K)
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Acts. 673


Process, and Judicial Proceedings, or any Censure, Damage, Loss,
or Inconvenience whatsoever, should happen or arise to the said
Judges, Justices, Magistrates, and Ministers of Justice, or the Offi-
cers or Persons commissionated by the said late Proprietary, or his
said Lieutenant Governor, for having exercised, done, put in Prac-
tice, or performed any Matter, Thing, Act, Service, or Duty what-
soever, properly belonging or appertaining unto their respective
Functions, Offices, and Stations, since the aforesaid Death or De-
mise of the said late Proprietary.
And whereas it is necessary to the Peace and Welfare of this
Province, that upon any emergent Occasion, some Person or Per-
sons residing within this Province, should be sufficiently authorized
and impowered to call and summon the General Assembly of this
Province, for the Providing, Establishing, and Enacting of good
and salutary Laws; which, by the undoubted Constitution of this
Province, cannot be made, ordained, established, or enacted, but by
and with the Consent of the Freemen of this Province, by their
several and respective Delegates and Representatives legally called
together and assembled by the Lord Proprietary for the Time being,
or some other Person or Persons by him for that End and Purpose
properly constituted, authorized, and appointed.
And whereas it is also necessary, for the good Rule and Govern-
ment of this Province, that Justice should be always administred, the
Laws executed, and the public Services of the Province constantly
performed.

Liber B. L. C.

Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary by and with the Advice and Consent of his Lordship's Gov-
ernor, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That all Pleas, Actions, Suits, and other
Prosecutions and Proceedings whatsoever, in any Court of Judica-
ture within this Province, that were commenced or depending before
or since the Death or Demise of the aforesaid late Lord Proprietary,
and which either have been determined, or still depend and continue
undetermined, shall be, and are hereby deemed as effectually deter-
mined or continued, to all Intents, Purposes, and Constructions what-
soever, as if no such Death or Demise had happened; any Defect
or Error in such Proceedings, occasioned only by the Death or De-
mise of the said late Proprietary, or his Name and Stile being used
or observed in such Writs, Precepts, Process, and Judicial Proceed-
ings, or any Want of Authority in the aforesaid several Courts, by
Means or Occasion of the Death or Demise of the said late Proprie-
tary, notwithstanding.

[All Pleas,
Actions, &c.
commenced,
depending,
or deter-
mined, at the
Time of the
Death
of the late
Lord Pro-
prietary,
to be deemed
valid, not-
withstanding
the Demise
of the
said Pro-
prietary.]

And be it further Enacted, That the Proceedings of the several
Courts of Judicature within this Province, until this Time, be and
are hereby confirmed, so that no. Advantage shall be taken of any
Want of Authority, Defect, or Error, in such Proceedings, occa-

43

[Proceedings
of the
Courts of
Judicature
confirmed.]



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 673   View pdf image (33K)
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