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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Preface 35   View pdf image (33K)
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Introduction. xxxv

the money to Mr. Worthington". Susanna Johns, widow, prayed a bill "to
make good a Deed of Bargain and Sale made by her late Husband for three
Tracts of Land", the location of which is not disclosed (p. 260).

Colonel Edward Tilghman was responsible for the introduction of a peculiar
"pauper" bill in the Lower House which, among its other features, made it
obligatory for "county pensioners to wear badges", doubtless to prevent public
charges from imposing upon private charity. With this was coupled a provision
prohibiting "the importation of superannuated, impotent, and diseased persons
into this Province" (p. 320). This bill does not seem even to have passed the
Lower House.

The 1763 Assembly was asked by the petition of a disgruntled husband to
pass "an Act of Divorcement declaring the marriage of John Stone Hawkins
with Elizabeth Skinner utterly void". Hawkins, who was of Prince George's
County, was ordered to file his petitionary bill, but after two postponements
in the Lower House the question was referred to the consideration of the next
Assembly (pp. 331, 345, 346, 353.354, 358)- It is not known if the matter
came up afterwards, but certainly no act by divorsement was subsequently
passed.

Of the thirty-four acts passed at the 1763 session, twenty were general laws
applying to the whole Province, eleven were local laws, and three were private
acts. Only one new law, the Tobacco Inspection act [No. XFHI'], which the
Assembly had been brought together to enact, was of outstanding importance.
It will be discussed in another place (pp. Iviii-lx). Seven of the general acts
continued in force laws about to expire by time limitation, and five others supple-
mented old laws still in force. As usual, most of these continuances were for
limited periods, as the Lower House felt that it was politically expedient and
that it was in better control of public affairs if the continuance of most laws was
dependent upon its periodic approval. Four laws were, however, of such ob-
vious interest to all classes, that although previously enacted with time limita-
tions, they were made perpetual at this session. The old laws that were con-
tinued, having been discussed in previous volumes of the Archives, will not be
especially commented upon here. Of new general laws, the "act for the recovery
of small debts before one justice of the peace" was really based on an old law,
passed in 1753, which had been continued by successive reenactments since that
date, but with certain changes was reenacted at the 1763 session in the form
of a new act (pp. 50x1.503).

The "act for the more effectual securing of orphans estates" was passed to
protect the children of widows who remarried from stepfathers who might
waste their estates. The law provided that such orphans, if over fourteen years
old, might select their own guardians, or if under that age, the county courts
would make the selection (pp. 507-508).

The "act for the advancement of justice" [No. 22], which had failed of
passage at the previous session, was passed at the 1763 Assembly. It changed
legal procedure in the Maryland courts in a number of ways, the most im-
portant of which gave the county courts exclusive jurisdiction in pqnity caeee
involving not more than £5, and concurrent jurisdiction with the High Court


 

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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Preface 35   View pdf image (33K)
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