Volume 23, Page 277 View pdf image (33K) |
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Proceedings of the Council of Maryland, 1696/7-98. 277
Runn generally to the next Justice (in case of Sickness or Lib. H. D. absence) throughout the whole Commission. This is humbly submitted to yor Exncy by p. 553 Your humble Servt R Gouldesborough.
I am humbly of this opinion Vizt That the Publication of the new Cornission by reading it was not ipso facto a discharge of the old. That the old Comission is in force till the Justices in the new have capacitated themselves by swearing to execute the same for the Comission by the Tenor thereof does not Empower them till that is done. 3d That therefore the old Comission is yet in full force & the Writts, Precepts & process continued in force. 4. But that it may be convenient & no wayes disagreeable to law to let the Dedimus run generally as is proposed. which is humbly Submitted by Your obedient Servt Willm Dent I am of the same opinion George: Plater.
Ordered tht (considering the Kings Lawyers are divided in their opinion upon the case) the sd report & papers relating thereto be referred to the Justices of the Provinciall Court for their opinion, to be given therein And tht they call to their assistance all the Practitioners of the sd Court for their advice & opinion also, and that a return thereof be made accordingly unto this Board wth all convenient speed. Octobr the1697. Produced & read the report of the Honoured the Justices of the Provinciall Court in the case of Somrsett County Comis sion as follows Vizt
At a Provincial Court held at the Port & Town of Ann apolis Thursday Octobr 19th 1697. Vpon the Reading the Representation of the Inhabitants of Somrsett County relating to their new Comission, the Court was pleased to call to their advice all the Attorneys belonging to the said Court, and upon hearing the Allegations and Arguments on both sides.
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Volume 23, Page 277 View pdf image (33K) |
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