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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Preface 25   View pdf image (33K)
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Introduction. xxv

to the delay and expense. The act provided that all cases, whether criminal
or civil, which existing law required to be tried in the Provincial Court, might
be heard before two itinerant justices of the Provincial Court to be designated
by the Governor, sitting in the various counties as justices of assize, nisi
prius, and of oyer and termina and jail delivery. These courts were, however,
not to encroach upon the existing jurisdiction of the county courts. The act,
a lengthy one, made detailed provisions as to the time and place of holding
court, the qualifications and duties of grand and petit jurors, the summoning
of witnesses, and reference of doubtful cases to the Provincial Court itself
(pp. 75-82).

A local law was passed to enable the vestrymen of St. Paul's Parish to
nominate tobacco warehouse inspectors in Baltimore Town which, it appears,
they had "omitted" to do as required by law; each vestryman, for failure
to do so, was thereafter punishable by a fine of 5000 pounds of tobacco
(pp. 86-87).

Two private acts were passed. One of these directed the recording of the
will of Brigadier General Henry Bouquet in the Prerogative Court at An-
napolis. Bouquet, who had served with distinction in the Seven Years War,
had died in Philadelphia, June 25, 1763, leaving his entire estate to Frederick
Haldimand, who petitioned the Assembly for authority to record the will in
Maryland (p. 9, 54, 55). The act was passed to validate Bouquet's bequest
to Haldimand of lands in Maryland belonging to him (pp. 73-74). It will be
realized that in 1762, the Assembly had passed an act naturalizing Bouquet, a
"foreigner of the Reformed or Protestant Religion", and it was necessary
that he be naturalized so that he might legally hold a tract of over 4000 acres
near Elizabeth Town (Hagerstown), called "Long Meadow Enlarged", which
he had purchased from Daniel Dulany (Arch. Md. LVIII, xxiv-xxv, 206-
207). The recording of Bouquet's will was required to give Haldimand a
good title. The other private act was to vest the title in a certain lot or parcel of
land in John Jeremiah Myar of Frederick County. The petition of Myar,
asking for legislation in connection with the title to a certain lot on First Street
in Frederick Town, had come up at the November-December, 1765, session, and
a committee had been appointed to report upon it. No report was made at this
session, however, but when it came up again at the May, 1766, session, it was
shown that on April 14, 1762, a certain Daniel Davis entered into a contract to
sell the property for £650, Pennsylvania currency, and had given bond to do so,
but that Davis, having died in 1765, leaving three daughters under age, an act
validating the sale was required (pp. 26, 27, 29, 30, 31, 50, 51, 66, 67).

The May Assembly remained in session only seventeen days, doubtless for
the reason that has already been mentioned, that this was an inconvenient
season for the members to be away from their plantations. Action upon
most of the important business which came before the Assembly was deferred
until the next session. On May 27, the Governor prorogued the Assembly
to meet on October 27, 1766, but it did not actually come together until
four days later on November 1st (p. 65).


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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Preface 25   View pdf image (33K)
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