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is afterwards itself repealed.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repealed.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the act repealed.
An ACT to confirm a lease made by Thomas Harrison of Baltimore county,
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.
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repealed the act of 1728, ch. 7, with respect to the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.
An ACT for the speedy and effectual publication of the laws of this
for the encouragement of
Jonas Green, of the city of Annapolis, printer.
An ACT for laying out a-new, and settling and ascertaining the future
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
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
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.