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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 497   View pdf image (33K)
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Opinions, Orders and Instructions, 1773. 497


Limitation of Officers' Fees is not revived and of full Force
since it is conceived the Act of 1694 and of April and Decr 1704
cannot affect the Act of 1676 The said Act not being in force
at the Time of making such Acts; For the Act of '1676 During
all that Time Either stood repealed by Express Acts of Repeal
or by an Implicit and Virtuall Repeale Suspended by Tempo-
rary Laws for Limitation of Officers' Fees, which were re-
vived and in force from Time to Time untill the year 1725;
And the Acts of 1719 and 1725 have no relation to any others
than such as are mentioned in the Act of 1725 amongst which
the aforementioned Acts are not taken Notice of.
6 Qu. Whether an Act can in the least be supposed to be
obselete under the Circumstances of the said Act of 1676 for
Limitation of Officers' Fees.
7 Qu. Whether the King can by his Prerogative ascertain
and regulate the Fees of Officers in his Plantations, And
whether he can Grant or has Granted such Power to the Lord
Baltimore by his Charter which contains besides the afore-
mentioned Clauses many Royall Priviledges
8 Qu. Whether the Lord Baltimore cannot by Virtue of
such Grant Regulate such Fees, and whether it may be most
advisable for him and agreeable to his Power to make such
Regulation of the Quantum by his own imediate Order and
Pleasure or send Instructions to his Lieutenant Governor and
Council in the said Province to make such Regulation
9 Qu. Whether the Regulation made in 1642 by the then
Governeur and Council And the Act of 1676 for Limitation
of Officers' Fees agreeable to the Admission of that Session
of Assembly in 1676 And the same Proviso in every Act of
that nature as was in the Act of 1676 doe not together with the
Charter Establish a Right in the Propry of such Power to
Regulate the Fees and make it part of the usage & Constitution
of the Province as well as the more undoubted Priviledge of
the Proprietary.

Answer to the 6 first Qu.

I conceive the Act of Assembly 1676 to be totally repealed
by the Act of 1692 and the several subsequent Acts, for tho'
there is no particular Repeal of it, yet, if there is no particular
Salvo or exception of it, it will be repealed of Course by the
General words of the Acts 1692 &c. wch are declared to be
made for repealing all Laws theretofore made and therefore
this of 1676 being one of those Laws theretofore made is
repealed as well as any other. And tho' the several Acts of
Repeal 1692 1694 &c. are in other respects only Temporary,
32

Lib. 82, J. R.



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 497   View pdf image (33K)
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