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L. H. J.
Liber No. 51
Oct. 24
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their Rights and .Privileges of Treaties and Trade with the English,
of whom we yet frequently purchase their Rights of such Lands as
we take up, as well as of the Lord Proprietary.
Resolved further, That this Province hath always hitherto had
the Common Law, and such general Statutes of England, as are
securitative of the Rights and Liberties of the Subject, and such
Acts of Assembly as were made in the Province to suit it's particular
Constitution, as the Rule and Standard of it's Government and Judi-
cature; such Statutes and Acts of Assembly being subject to the like
Rules of Common Law, or equitable Construction, as are used by the
Judges in construing Statutes in England; which happy Rules have,
by his Majesty and his Royal Ancestors, and also by his Lordship
and his Noble Ancestors, or some of them, been hitherto approved,
by having the Commissions of Judicature to include Directions of
that Nature to the several judicial Magistrates; unless those Words
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p. 9
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have at any Time been casually or carelessly omitted by the Officers
in this Province, that drew such Commissions.
Resolved, That the Levying and Taking the Sum of Twelve Pence
Sterling per Hogshead, by the Right Honourable the Lord Pro-
prietary of this Province, on all Tobacco exported out of the same,
under Pretence and Colour of the Act of 1704, is not warranted
by Law.
Resolved, Nemine Contradicente, That if the above Act of 1704
had been in Force from the Restoration of the Government by the
Crown to the Right Honourable the Lord Proprietary, to this Time ;
yet, the Sum of Three Pence Sterling, Part of the said Twelve Pence
Sterling, agreeable to the Plain Construction of the abovementioned
Act of 1704, and her late Majesty Queen Anne's Instructions to her
Governor here when the said Act was in Force, ought to be applied
towards the purchasing of Arms and Ammunition for the Defence
of this Province.
Resolved, That the Hours of Sitting this Session, for Dispatch
of Public Business, be from Nine of the Clock until One; and from
Two of the Clock Afternoon until Five.
Ordered, That Col. Tilgman do acquaint the Reverend Mr. Clement
Brooke, That he is desired by this House to Read Divine Service,
at a Quarter before Nine in the Morning, and at Five of the Clock
Afternoon, during this Session.
The House appointed Mr. John Goldsborough, Alexander Wil-
liamson, Esq; Mr. Carroll, Mr. Edward Dorsey, Mr. Key, and Mr.
Murdock, a Committee of Elections and Privileges.
Mr. Murdock, Mr. John Goldsborough, Mr. Gassaway, Major
Waggaman, Mr. Govane, Col. Cresap, and Major Hynson, a Com-
mittee of Accounts.
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