Proceedings of the Council of Maryland, 1694 97. 413

    he complyed with the Law, so farr as to have a Grant; Now Lib. H. D.

    May it please your Excell, your petr in due time prescribed by

    the Law had Erected & built the sd Mill & some improvemts

    upon the sd Land made, it being Seventy Acres allotted by the

    Law, but by meanes of the death of the late Govr Copiey, and

    other Accidents since happening, that he neglected to procure

    a Lease for the same: Your petr therefore prays your Exncies

    consideration of the same, and that Lease now may be Grant

    ed him, he having in all other Matters, relating thereto, corn

    plyed with the Act of Assembly

                             And he shall pray &Ca

      The sd Petition was by Ordr indorsed thus. Vizt

         By his Exncy the Governr & Councill &Ca

                   March the 5th 1696.

      Ordered that the within petition be Referred to Mr Attorney

    & Sollicitor Genll for them to make Report whether the Act of

    Assembly of this province does direct the Leases for Water

    Mills & the Land thervnto Adjacent, grantable by his Majesty, Whitehall

    and whether the same is proper to be done, seeing his Maty

    holds no Land in the Countrey.

                      Signed p Ordr

                           Hen: Denton C of Concil

             The Report thereon follows Vizt

        To his Exncy ffrancis Nicholson Esqr Capt

             Genll & Governr of Maryland &ca

      In obedience to your Exncies Commands to Us of the 5th of Whitehall

    March, 1695, to Report whether the Act of Assembly of this p. 332

    province does direct the Leases for Water Mills & the Land

    adjacent grantable by his Maty and whether the same is proper

    to be done, seeing his Maty holds no Land in the Countrey &ca

    We humbly say that the Act of Assembly doth direct the

    Lease to be made by his Mats Governr or Commander in

    Chief, which We conceive is proper to be done, though his

    Maty immediately holds no Land in the Countrey, because the

    Granting such Leases is not an Act of proprietorship, but of

    Govermt (p bono publico) and Enables the Governmt to Grant

    the Lease vpon performing the Conditions &Ca though the

    Mill were built on any other Mans Land; so that the ProprY of

    the Soyle could not make such Lease vnless he were Enabled

    therevnto by an Act of Assembly, and if an Act of Assembly

    may (as We conceive it may for a publick benefit) Enable the