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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 498   View pdf image (33K)
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498 Opinions, Orders and Instructions, 1773.

Lib. 82, J. R.

yet when they once repeal another Act tho' for a moment, Tis
in Construction of Law & ex ir termini, gone forever. There
is no doubt but an Act by Proper words may be suspended for
a Time, as the Habeas Corpus Act here in England has been
several Times, but I think tis an Absurdity to say that an Act
can be repealed for a Time, & afterwards revive, unless it is
re-enacted by particular and Express words.
7 8-9 Q: I dont in the least doubt but that the King may (if
he would condescend so. far) regulate the Fees of any of his
Officers. And I apprehend He can & has granted by Implica-
tion such Power to Lord B. as a necessary Incident to the
Power of making Judges, Justices & other Officers tho' there is
no doubt but he may if he pleases, submit the Regulation of
them to an Act of Assembly, as he did by the Law Passed 1676
but as that Act is repealed, and as there seems to me to be no
Law now in being that does in the least diminish or restrain
this Power of the Lord Proprietor, I conceive he may by his
own Authority regulate & settle the same, as was formerly
done in the year 1642 tho' I think it is more advisable and I
believe it will be better received there, if His Lordship's
Governr & Council do make such Regulation, & Publish it
under the Provincial Seal, who being on the Spot may be pre-
sumed to know the just and reasonable Quantum of the Fees
claimed or taken by the several and respective Officers.
Wi. Wynne 15 Janu
1730/1
Middle Temple

THE OPINION OF MESSrs THURLOW, WEDDER-
BURN AND DUNNING

THE CASE.

King Charles the first by his Letters Patent 20th June 1632
Granted to Cecilius Lord Baltimore the Province of Maryland
in General with all and singular such and as ample Rights
Jurisdictions Priviledges Prerogatives Royalties Liberties
Immunities and Royal Rights and Temporal Franchises to be
had Exercised used and enjoyed as any Bishop of Durham
within the Bishoprick or County Palatine of Durham in the
Kingdom of England ever heretofore hath had held used and
enjoyed or of Right could or ought to have hold use or enjoy
and to constitute and ordain Judges Justices Magistrates and
Officers of what kind for what Cause and with what Power
soever and in such form as to him or his Heirs should seem
most fitting and also to remit and Pardon all Crimes and



 
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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 498   View pdf image (33K)
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