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334 Assembly Proceedings, May 1-June 12, 1739.
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L. H. J.
Lib. No. 45
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that the Act of 1704, or any other Act giving or granting to the
most sacred Majesty, his or her Heirs and Successors, a tax or other
duty, was not meant or Intended to extend to his Lordship the Lord
Proprietary of Maryland his Heirs or Assigns; and which is Clearly
evinced in the act Entituled an Act for Transferring the payment of
all such fines and forfeitures as shall hereafter arise or happen upon
the Breach of any Penal Laws of this province to the Right Honour-
able the Lord proprietary as by the said Act in the printed body of
laws, folio 170 relation thereunto being had may fully appear And
we humbly presume, that in no Construction of the words, sense
Intendment or reason of the said act of Assembly, or by the Royal
Charter, his Lordship Can be any ways Entitled to the said duty
Granted to her most sacred Majesty of pious Memory, her Heirs and
Successors the Support of Government for the time being, his said
Lordship, nor his predecessors, being any ways party to the said Law,
the grant of Customs and Subsidies in the Royal Charter in the fol-
lowing words Viz. We do furthermore will, appoint and ordain,
and by these presents for us our Heirs and Successors, we do grant
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p. 825
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unto the now Lord Baltimore his Heirs and Assingns, that he the said
Lord Baltimore his Heirs and Assigns, may from time to time for
ever have and Enjoy the Customs and Subsidies in the ports, Har-
bours, and other Creeks and Places, aforesaid within the province
aforesaid, payable or due for Merchandize and wares, there to be
Laded or unladed, the said Customs and Subsidies to be reasonably
Assessed (upon any Occasion) by themselves and the people there
as aforesaid; to whome we give Power by these Presents for us our
Heirs and Successors, upon Just cause, and in due proportion, to
Assess and Impose the same, and your Committee beg leave further
to observe, that the Legislators made a manifest Difference between
the government of the Crown and his Lordships Government, as
appears by an Act Entituled an Act for the Continuance of Process
within this province, on the Change of Government as by the said
Act, in the printed body of Laws, folio 169 relation thereunto being
had, may more fully and at Large appear, and we beg leave to
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The Compi-
lation is that
of Parks
1727
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observe, that the same also further appears from an Act made at a
Session of Assembly, begun and held at the City of Annapolis on
the 17th day of July in the first year of the Dominion of the Right
Honourable Charles Lord Baron of Baltimore &c. Annoque Domini
1716 Entituled an Act for the better Security of the peace and
Safety of his Lordships Government and the Protestant Interest
within this Province as by the said Act, also in the printed Body of
laws, folio 161, relation thereunto being had, may more fully and at
large appear. And his Lordship planly Manifests the same daily,
in his writs and Other proceeding, wherein he dates the year of his
Dominion, Commencing the same from the Year in which his late
most Gracious Royal Majesty of Glorious memory was pleased to
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