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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 292   View pdf image (33K)
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292 Assembly Proceedings, May 24-June 22, 1768.

U. H. J.
Liber No. 36
June 2

teen Years, Daughter of the aforesaid Henry Darnall Junior and
Rachel Darnall, and of Robert Darnall Uncle to the aforesaid Mary
Darnall.
Sheweth

p. 380

That an Advantageous offer of Marriage hath been made to the
aforesaid Mary Darnall, and the Sum of three hundred Pounds
Sterling a Year is proposed to be settled on the said Mary Darnall,
during her natural Life in Lieu, and in Bar of Dower, and the
Right she may have to the third part of the Personal Estate, which
Settlement your Petitioners approve of, judging it to be for the
Benefit of the said Mary, and are willing to execute the same on their
parts, but Whereas the Petitioners are informed, that a Settlement
to Bar the said Marys Claim of Dower in the Lands, and the Share
she might Claim of the Personal Estate, cannot be made effectual
and binding in the Law upon the said Mary, she being yet an Infant
under the Age of Twenty One Years, And as the Marriage aforesaid
is deferred on Account of the apprehended invalidity of the Settle-
ment, intended to be made should it be executed at this time.
Your Petitioners thereof humbly pray, that, in Order to remove
all Doubts, about the force and validity of such a Settlement, A Bill
may be brought in and passed into a Law, to impower the said
Mary Darnall, by and with the Advice of your Petitioners, to enter
into and assent to the aforesaid Marriage Settlement, or Articles

for the Securing the said Jointure to the said Mary, and in bar of

her Right of Dower, and the Share She might Claim of the personal
Estate, by the Law or Usage of this Province
And that the said Settlement or Marriage Articles be made, to
all Intents and purposes, as binding upon the said Mary Darnall,
and of as full force and Virtue in Law as if she were of full Age.
And your Petitioners as in Duty bound will pray &.a
Henry Darnall Junior
Robert Darnall
Rachel Darnall
Mary Darnall.

And the Question being put whether it should pass and be referred
to the Lower House, it was determined in the Affirmative, but Daniel
Dulany Esq/ declared, that tho' he thought the Provision proposed,
in respect of the Annual Sum to be Settled was unexceptionable and
even liberal, He was against the Question, because it is a Standing
Rule of this House not to pass Acts in Consequence of private
Petitions, where the remedy or purpose sought is sufficiently pro-
vided for by the general existing Laws, and he conceived, that,
under the Statute of 27,,th Henry the 8,,th and one Act of 1715, a
Jointure properly made upon a Young Lady of Miss Darnall the
Petitioners Age, Viz.t between 19 and 20., would clearly bar her



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 292   View pdf image (33K)
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