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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 647   View pdf image (33K)
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The Lower House. 647


which is a perpetual or indefinite Act, having no Time of Duration
mentioned; it was made at a Session, begun and held the loth of
October 1722, and the first of the abovementioned Acts, viz. that
entituled, An Act for the Ordering and Regulating the Militia of
this Province, for the better Defence and Security thereof, is hereby
revived and continued in full Force. [See Archives of Maryland,
xxxiv, 480.]
4th. A Supplementary Act to the Act for the Ordering and Regu-
lating the Militia of this Province, for the better Defence and Se-
curity thereof ;

L. H. J.
Liber No. 50

May 5

which likewise is a perpetual or indefinite Act, having no Term of
Duration mentioned. [See Archives of Maryland, xxxix, 113-
119.]
If, Gentlemen, you are really of Opinion, that the Act of 1715
does not at this Time exist, you might, one would think, have offered
at least one Argument in support of such Opinion, which would
certainly have afforded your Constituents much greater Satisfaction
than any general and ambiguous Suggestions; but since you have
declined that Method and rest all on your own Opinion, I must take
the Liberty to inform you, that the Gentlemen of the Council, and
Myself, are, on the contrary, thoroughly satisfied, that the said Act
is in Force, and that it will remain so, until another shall be made to
repeal it.
The original Militia Law of 1715 was, as I apprehend, a Tempo-
rary One, because the Legislature declared their Intention, that it
should have the Force of a Law for a Term only, viz. for Three
Years, and to the End of the next Session; and the Reviving Act of
1719, sets it up again as a Temporary Law only, by the same Method,
that is, by declaring their Intention, that it should have the Force
of a Law from that Session for Three Years, and to the End of the
next Session that should happen after the End of the said Three
Years, and no longer; for had not these Limitations of Duration been
added as a Bar to it's Perpetuity, it would, I conceive, either upon it's
being first Enacted, or on it's first Revival, have continued on in a
perpetual Operation; and therefore, when the Act of 1722 revives
and continues it in full Force, without any Declaration of an Inten-
tion that it should operate only for a Term, it immediately, for Want
of that Limitation of Time, became perpetual or indefinite, as is the
Act of 1722, by which it was revived and continued. Thus an Act
was made by the Legislature of New-York, in September 1708, for
the Encouragement of Whaling, which was to continue, and be of
Force, for and during the Space and Term of Seven Years, from the
Pnhlir.at.ion thereof: You may learn from the New-York Body of
Laws, which was published in the Year 1752, according to an Act
of the General Assembly of that Province, that the aforesaid Act was
revived and continued by several Temporary Acts, which were

p. 162



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 647   View pdf image (33K)
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