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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 694   View pdf image (33K)   << PREVIOUS  NEXT >>
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694 Assembly Proceedings, September 23-October 26, 1723.

L. H. J.

Laws are found Convenient and well Adapted to your Cir-
cumstances you Ought Especially to Enact them de novo or
Such part of them as you find proper for you and not by An
Act of the province [introduce] in a Lump (as it were) any of
the English Statutes and these Sentiments You are to instill
and make known as you see Cause.

p. 92

That they are so Mistaken in that Instruction wee proceed
to Shew. It is therein Alledged that the Statute of Limita-
tions of England is not in force here
We prove it is, thus.
Ist It is a Statute of England without any Limitation of
place therein as to its Extent and without being restrained
to some particular Subjects or denyed to Others, therefore we
Conclude it is in force throughout his Majestys Brittish
Dominions, and binds all the Subjects no place or person
being Exempt. We are his Subjects and within his Dominions
as we shall Shew.
Jamaica tho a Conquered Country (which Among some
Lawyers makes a great Difference to the Advantage of its
Inhabitants) is Allowed to have the Use of this Statute as
we find it Averred by the Councill and Denyed by none in
Blankard and Galdys Case 5 William and Mary Kings Bench
in these words: — But tis plain that such Statutes (of Eng-
land) do bind there Jamaica, for the Statute of Limitations
Extends to All Contracts made in that place. This Case
reported in 4th modern page 222.
2ly It is also Avered in the Said Instruction that it has been
always held, that the Statutes of England did not Extend to
the plantations unless by Express words Located thither, if
so, the great Charter are struck out at Once from our Rule of
Priviledges, for they Could not by Express words be Located
hither in those Statutes that were made Long before Maryland
was known or thought of.
But those Statutes that are Generall without Locall Limi-
tation or restraint in them do Extend here, and Ever have
Extended here from the first Settlement of this province,
and many of Your Lordships Ancestors' Tenants have been
Convicted on and Executed by them, in Allmost the Earliest
Days of their Ldps Government.
Such Statutes doe and Ever did extend to Maryland For
By your Lordships Charter of the 8 Ca. I Maryland whilst
it was yet not Inhabited nor Cultivated by Any but the
Heathen in their rude way, was in Consideration of the Laud-
able pious Zeal, which Your Noble Ancestors George and
Cecilius Lord Barons of Baltemore [had] for the propagation



 
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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 694   View pdf image (33K)   << PREVIOUS  NEXT >>


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