276 Proceedings of the C6uncil of Maryland, 1696/7-98.

            Lib. H. D.     Mr West being thought to be a capable person for tht Imploy

                  is asked if he is willing to accept thereof. who says he is

                  willing and ready & thereupon is accordingly admitted.

                    Produced & read a Return of Somrsett County Justices

                  dated 15th of Septembr last past in relation to a new Comis

                  sion of the Peace sent to tht County, setting forth tht the same

                  having been read in Court, and it falling so out that two of

                  the Persons to whom the dedimus was directed; Vizt Leiut

                  Coll Jno Winder & Mr John Woolford lay in such weak con.

                  dition that they could not attend the Court and tht Mr Thoms

                  Dixon a third person mentioned in the Dedimus was pressed

                  upon & desired by the Court to attend the sd Coll Winder at

                  his house, the Court before the sd Comission was read in

                  Ordr to get sworn, pursuant to the sd Dedimus, but failing

                  therein, the County seems at present to be without any

                  Justices.

                    Ordered thereupon tht the sd return together with a paper

                  presented by the sd Mr Dixon in relation thereto, and the sd

                  Comission here produced & Read be referred to the Kings

                  Lawyers for them to make report what is most proper &

                  best to be done in this case & returne their opinion, accord

                  ingly unto this Board Wth all possible speed; and further tht

                  they advise whether it may not be proper (for the future) to

                  have the Dedimus run generally directed to the next Justice,

                  in case of sickness, throughout the whole Comission.

                           Octobr the 13th 1697.

                    Produced & read a Report of the Kings Lawyers, touching

                  Somrsett County Commission as follows Vizt

                             Octobr 13th 1697.

                    May it please yor Exncy

                    Ive considered the case of the Iustices of Somrsett County;

                  My Opinion thereon is that by the Publick reading of the

                  new Commission, the old one was determined, and they not

                  swearing upon the sd Comission had not any power to make

                  any adjournment & therefore all writts Process & Actions

                  then depending were & are discontinued and cannot be

                  restored by any other way than by an Act of Assembly.

                    That as to the Comission the best method will be to send

                  it back with such alterations as to the names in the Dedimus

                  as yor Exncy shall think meet to be executed in Novemr next

                  being the time appointed by Act of Assembly to hold Courts.

                    That it may be proper for the future to let the Dedimus