effectual, and available, and be prosecuted and sued forth in such
Manner and
Form, and in the same State, Condition, and Order, as if such Proprietary
had Lived and continued in full Life; such Death or Demise as aforesaid
notwithstanding.
And that all and all Manner of Process and Judicial Proceedings
whatsoever, that have been, or shall hereafter be, had or pursued, in the
Time of any other than the Proprietary, at the Time of the pursuit of the
Original, or other former Process, shall be made in the Name of the Proprietary,
for the Time being, the said Proprietary having legal Right to the Government
of the said Province, after due and public Notice or Proclamation
given or made of the Death or Demise of such Proprietary, by such Person
or Persons as shall be properly and legally authorized and appointed thereto;
and that Variance, touching the same Process, between the Names of the
Proprietaries, shall not be any wise material, as concerning any Default
to be
alleged or objected therefore: And that all Writs, Precepts, Actions,
Suits,
Pleas, Process, and Judicial Proceedings whatsoever, that shall be hereafter
issued, had, done, continued, or executed, in the Name of any Proprietary
having legal Right to the Government of the said Province, after the Death
or Demise of such Proprietary, and before due and public notice or Proclamation
thereof given and made in the respective Counties within this Province,
by such person or Persons as shall be properly and legally authorized
and appointed thereto, shall be good, effectual, and available in law,
to all
Intents Constructions, and Purposes whatsoever; the Death or Demise of
such Proprietary notwithstanding.
VII. And be it
further Enacted, That from henceforth the Commission,
Power or Authority of the Lieutenant-Governor, or Commander in Chief of
this Province, for the TIme being, shall not be determined or dissolved,
by
the Death or Demise of the Right Honourable the Proprietary that now is,
or
any of his Heirs or Successors, having legal Right to the Government of
the
said Province; but that such Lieutenant-Governor, or Commander in Chief,
shall continue and Act as such, until he shall be lawfully removed or discharged,
or his Commission superseded or determined by the next Successor.
And that hereafter, all Judges, Justices, Magistrates, and Ministers of
Justice,
and all and every Person and Persons in any of the Offices, Places, and
Employments
within this Province, shall Continue and Act in their respective Offices,
Places, and Employments, according to their respective Functions, Duties,
and Station, notwithstanding the Death or Demise of the Right Honourable
the Lord Proprietary that now is, his Heirs or Successors, until they shall
be
lawfully removed or discharged, or their respective Commissions superseded
or
determined by the next Successor, or the Lieutenant-Governor, or Commander
in Chief, for the Time being; any Law, Usage, or Custom to the contrary
notwithstanding.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
|
CHAP.
XXVII.
All Process
and Judicial Proceedings
shall be made
in the Name
of the legal
Proprietary,
for the Time
being, after
Proclamation,
&c. tho'
originally
commenced
under another
Proprietary;
and no
Variance in
the Names
shall cause
Default.
All Process
executed in
the Name of
any legal
Proprietary,
before Proclamation
of
his Successor,
shall be good.
The Power
of the Governor
shall
not cease by
the Death of
the Proprietary,
but he
shall act as
such till his
Commission
be determined
by the
next Successor.
All Judges,
&c. and other
Officers, shall
continue to
act, notwithstanding
the
Death of the
Proprietary,
till lawfully
removed. |
