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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 10   View pdf image (33K)
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                       HORATIO SHARPE, Esq; Governor.

    It may be necessary to remark, that the repealing clause of this act, notwithstanding its expiration, is
still in force.  There is an evident and material distinction between a temporary act containing a repealing
clause, which act is suffered to expire, and an act made for the purpose of repealing another act, which
is afterwards itself repealed.  In the first case, the legislature declares its intention, that an act be done
away and rendered void, and there is not proceeding of the legislature afterwards to restore life to the act
repealed.  In the second case, the legislature expresses the same intention, but afterwards by doing away
and rendering void the repealing act, its intention cannot be construed otherwise than to give new life to
the act repealed.

1765.

CHAP.
XXXIII.

                                        CHAP. XXXIV.
An ACT to confirm a lease made by Thomas Harrison of Baltimore county, for
    part of a lot of land therein mentioned, lying in Baltimore-town, in said county,
    to the commissioners of the said town, and their successors, and to establish a
    market in the said town, and for the regulation of the said market.

    This act was likewise temporary, being made for only seven years, &c. it established and regulated a
market in Baltimore-town.  It expired at the end of the term, when another act was passed for the same
purpose.  This act likewise confirms a lease from Thomas Harrison to William Lyon, Nicholas Ruxton
Gay, John Moale, and Andrew Buchanan, by the name of a majority of the commissioners of Baltimore-town,
bearing date the 4th of June, 1763, for part of a lot, distinguished in the plat by the number Seventy-one,
for 99 years, rendering £. 8 sterl. rent, with a covenant renewal.  And the act further ordains,
that the commissioners of Baltimore-town, and their successors, are to enjoy the said lease, as if they were
a legal body corporate.  This clause surely has a  perpetual operation, or it has no meaning at all.

                                        CHAP. XXXV.
An ACT for destroying of Crows and Squirrels in particular counties, and of red
                    Foxes in Kent and Queen-Anne's counties.

    This act contains provisions agreeable to its title.  It also repeals the act of 1728, ch. 7, so far as relates
to the killing of crows and squirrels in St. Mary's, Somerset, Charles, Anne-Arundel, Cæcil, Calvert,
Worcester, Talbot, Prince-George's, Frederick, and Dorchester counties.  It was to continue three
years, &c. and it expired at the end of that term.  But at the session of 1769, the legislature, by ch. 16, again
repealed the act of 1728, ch. 7, with respect to the above named counties, and likewise with respect to the 
county of Kent.

                                        CHAP. XXXVI.
An ACT for the speedy and effectual publication of the laws of this province, and
        for the encouragement of Jonas Green, of the city of Annapolis, printer.
                                        CHAP. XXXVII.
An ACT for laying out a-new, and settling and ascertaining the future bounds and
    limits of St. Luke's, Christ-church, and St. John's parishes, in Queen-Anne's
    county, and of St. Paul's parish, lying partly in Queen-Anne's and partly in
    Talbot county.

    This act constitutes 13 commissioners, the majority of whom is empowered to meet at Queen's-town,
on the first day of March next, and there to appoint a clerk, who is to qualify to taking an oath of office.
They are empowered to adjourn, at their discretion, with respect to time and place; and the surveyor is commanded
to attend them and obey their directions, whilst they are ascertaining, by natural and artificial bounds
and lines, the future limits of the said parishes.  This business they are required to do by the 20th day of
May next, in such manner, as to leave the yearly income of St. Luke's parish as near 45,000lb. of tobacco,
and the yearly income of St. Paul' as near 40,000lb. as conveniently may be.  The surveyor is then
to make out fair certificates, to be signed by a majority of the commissioners, as well as by himself.
Where any of the said parishes lie wholly in one county, there are to be two certificates, one for the
county court and the other for the vestry; but where any of the parishes shall lie partly in one county
and partly in the other, there must be three certificates, one for each of the county courts, and the third
for the vestry.  These certificates are to be respectively enrolled among the land records, and entered in
the vestry registers; and the book of entries to be returned to Queen-Anne's county court, to be carefully
preserved by the clerk.  And the county courts (if necessary) are to lay out a-new the hundreds contained
in the said parishes, so that no one hundred shall be in two parishes.
    Each of the commissioners, with their clerk, is to be allowed 64lb. of tobacco for every day he shall
attend; the surveyor is to be allowed 80lb. for each day's attendance; the clerks are to be allowed their
legal fees for enrollment; and all these allowances are to be assessed in the levy of Queen-Anne's county.
    The two county courts are to assess on the taxable inhabitants of St. Paul's parish, by three equal assessments,
beginning in November next, the net quantity of 30,000lb. of tobacco, to be paid to the vestry
and wardens, and by them applied to the making an addition and galleries to Wye chapel; 80,000lb. of
tobacco, are likewise to be assessed at the same time, and paid to the same persons, for building a new parish
church at the place where the old one stands.  And, that the county courts may justly apportion these
assessments, the two clerks are, by the third day of each November court, to exchange certificates of the
number of taxables in the respective parts of the said parish.

                                        CHAP. XXXVIII.
An ACT for limiting the time for sinking the paper bills of credit now current in
                    this province, and other purposes therein mentioned.

    Each of the treasurers is directed, by the 1st of February next, to pay to the commissioners of bills of
credit, at their office, all public monies in his hands, except the sum of £. 500, which each is to retain.



 
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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 10   View pdf image (33K)
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