CHAP.
XXVII.
All Process
and Judicial
Proceedings
since the
Death of the
late Lord
Proprietary,
are confirmed.
And all Official
Acts of
Persons acting
under his
Commission.
The Acts of
Assembly
which passed
the last Session,
are confirmed.
No Suit or
Judicial Proceedings
shall
determine,
&c. by the
Death of any
Lord Proprietary. |
constituted, authorized, and appointed. And whereas it is also
necessary, for
the good Rule and Government of this Province, that Justice should be always
administered, the laws executed, and the Public Services of the Province
constantly performed;
II. Be it therefore
Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and
the Upper and
Lower Houses of Assembly, and the Authority of the same, That
all Pleas, Actions,
Suits, and other Prosecutions and Proceedings whatsoever, in any Court
of Judicature within this Province, that were commenced or depending before
or since the Death or Demise of the aforesaid late Lord Proprietary, and
which either have been determined, or still depend and continue undetermined,
shall be, and are hereby deemed as effectually Determined or Continued,
to all Intents, Purposes, ad Constructions whatsoever, as if no such Death
or Demise had happened, any Defect or Error in such proceedings, occasioned
only by the Death or Demise of the said late Proprietary, or his Name and
Stile being used or observed in such Writ, Precepts, Process, and Judicial
Proceedings, or any Want of Authority in the aforesaid several Courts,
by
Means or Occasion of the Death or Demise of the said late Proprietary notwithstanding.
III. And be it
further Enacted, That the Proceedings of the several Courts
of Judicature within this Province, until this Time, be, and are hereby
confirmed,
so that no Advantage shall be taken of any Want of Authority, Defect,
or Error, in such Proceedings, occasioned by the Death only of the said
late Lord Proprietary; but that all such Defects and Errors be, and are
hereby,
perfectly and effectually aided, according tot he true Intent and Meaning
of this Act; any law, Usage, or Custom, to the contrary notwithstanding.
IV. And be it
further Enacted, That every Act, Matter, or Thing whatsoever,
done, executed, or performed, since the Death or Demise of the aforesaid
late Right Honourable the Lord Proprietary, by any Person or Persons
whatsoever, commissionated or appointed by the said late Proprietary, or
his Lieutenant-Governor, or any other person or Persons whatsoever, properly
and legally authorized, constituted, or appointed thereto, in pursuance
of
their respective offices or Commissions, shall be deemed, adjudged, and
taken,
and to all Intents Constructions, and Purposes whatsoever, stand, be, and
remain, as good, effectual and available, and have the same Force, Strength,
and Effect, as if the said late Lord Proprietary had not Deceased or departed
this Life, as to any Defect or Error, or Want of Authority, to be alleged
or
objected, by Means or Occasion of his said Death or Demise only; any Law,
Usage, or Custom, to the contrary notwithstanding.
V. And be it
likewise Enacted, That the several Acts made at a Session of
Assembly begun and held at the City of Annapolis, the Fifteenth
Day of May
last, be, and are hereby made good and valid in Law, to all Intents,
Constructions,
and Purposes whatsoever, for and during the Continuance mentioned
in the said several and respective Acts; the Death or Demise of the said
late CHARLES Lord Baltimore notwithstanding.
VI. And be it
further Enacted, That from henceforth, by the Death or
Demise of the Right Honourable the Lord Proprietary that now is, or by
the
Death or Demise of any of his Heirs or Successors, who shall have legal
Right to the Government of the said Province, no Action, Suit, Bill, or
Plaint, or any Prosecutions or Judicial Proceedings whatsoever, now depending,
or that shall hereafter depend, shall determine, be discontinued, or put
without Day; but that the Process, Pleas, Demurrers, and Continuances,
in every Action, Actions, Suits, Bills, or Plaint, which now or hereafter
shall depend in any of the Courts within this Province, shall stand good, |