Appendix. 635

III

PAPERS RELATING TO AN ACT REPEALING A FORMER ACT WHICH
VESTED A GOOD TITLE TO LAND IN RICHARD BENNETT, AND
THE REASONS FOR THE PROPRIETARY'S DISSENT, OR VETO, TO
THE REPEALING ACT

[EDITOR'S NOTE. — The printing in full here of the rather volum-
inous papers relating to a private act passed by the General Assembly
in November, 1753, affecting the title to a tract of land, formerly
owned by Richard Bennett, seems desirable for two reasons. The
act in question is not only an early example of the attempted con-
fiscation by legislative action of private property without due process
of law, but is also worthy of note because the Proprietary's dissent
to its becoming a law after it had been passed by the Assembly and
approved by the Governor, would appear to have been due to a lucid
legal opinion quoted here in full, advising its rejection, which was
rendered by William Murray, one of the great legal minds of his
time, who was later to become the first Earl of Mansfield,]

To The Honourable the Upper House of Assembly The
Humble Petition of Bennett Chew a Minor under the Age
of Twenty one years.
Sheweth
That in the year Seventeen hundred and Seventeen Moriss Burch-
field Esq.^r his late Majestys King George's Surveyor General of the
Southern District of America and Joseph Brown Esq.^r claiming
On Authority from the Crown set up a Tract of Land lying and
being in Cecil County called Turkey Point to Publick Sale and that
Richard Bennett late of Queen Ann's County Esq^r deceased being
the Highest Bidder purchased the same and some Negroes and
Stock thereon for the sum of five hundred and fifty Pounds Sterling
And your Petitioner further Sheweth that the said Richard Bennett
finding that the said Burchfield and Brown had not any Authority
in Right of the Crown to Convey a legal Title to the said Richard
Bennett and his Heirs in more than One Moiety of the said Land,
refused to Pay the Purchase Money to the said Burchfield and
Brown and the said Burchfield and Brown in Order to induce the
said Richard Bennett to Pay the same gave the said Richard
Bennett the following Writing under their hands to wit " Whereas
We the under named have on Behalf of the Crown Sold and Con-
veyed unto Richard Bennett Esq.^r One thousand Acres of Land
called Turkey Point lately being or Reputed to be the Estate of
Peregrine Brown deceased together with some negroes Cattle &
horses thereon being for the sum of five hundred and fifty Pounds
Sterling so much being bid for the same at A Publick Auction :
And Whereas the said Peregrine Browns Title to the said Land is

Black Book
No. 3 :
letter No. 10
[Nov. 14,
1753]
p. 1