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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 496   View pdf image (33K)
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496 Opinions, Orders and Instructions, 1773.

Lib. 82, J. R.

to by the Proprietary And in which the usual Proviso of the
former Acts was Omitted.
Since the Dissent of the said Act of 1725 the Fees have not
been ascertained by any Act or other fixed Regulation.
The Act in December 1704 repealed all Acts enacted at any
Time Before April Assembly 1704. By virtue whereof the
repealing Act of April 1704 Then continued and still is in
Force; That Act of April 1704 repealed all Laws therein not
Expressed, And amongst those Expressed not to be repealed,
Is the Act of Repeale of all Laws theretofore made in the
Province and Confirming all Laws made that General As-
sembly; By force of which said Act of April 1704 which is
still in Force the Act of Repeal in 1695 For Ascertaining &c.
which was then in Force and not particularly Expressed in
the said Act of April 1704 was repealed and the Act of 1694
Continued and Still is in Force by being particularly men-
tioned amongst those designed not to be repealed in the Act of
April 1704, The Act of 1694 Repeals all Laws theretofore
made and Consequently repeals the Repealing Act of 1692
which by the General words did Repeale the perpetual Act of
1676 for Limitation of Officers' Fees; And the Act of 1719 was
made only to Declare particularly what Laws were repealed by
the Act of 1715 But amongst such Laws so declared to be re-
pealed none of the Acts aforementioned is declared to be re-
pealed so that neither the Act of 1715 or 1719 has any Rela-
tion to them,
1 Qu. Whether a Repealing Act can have Effect on any
Acts but such as are in Force at the Time of making such
Repealing Acts.
2 Qu. Whether the Act of 1694 by the State of the within
Case is not still in Force and whether the Repealing Act of
1692 must not stand repealed as long as the Act of 1694 is of
Force.
3. Qu. Whether the Act of 1695 which was in Force at the
Time of the Act in April 1704 was not repealed by the Act of
April 1704 and must continue so as long as the Act of April
1704 has Effect.
4th Qu. Whether the Act of December 1704 has any Effect
to Repeale Laws of the Assembly in April 1704 since by the
words it only Repeals Acts made at any Time before the As-

sembly in 1704 and Consequently whether the Act of April

1704 does not Continue in Force, Since the Acts of 1719 or
1725 have no relation to it or any of the others.
5 Qu. Whether the Repealing Act of 1692 and the other
Act of 1695 notwithstanding repealed, The Act of 1676 for



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 496   View pdf image (33K)
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