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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 589   View pdf image (33K)
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MARYLAND COURT OF APPEALS 589

Call himself fool by reversing his Own Decrees, And Whereas it is repre-
sented and proved to this Gena Assembly that the said Eleanor is Since the
said Decrees, Departed this life So that it is Disputable whether the said De-
crees being of So long Standing can by the ordinary rules of the High Court
of Chanry be reversed after the Death of the Parties to them and that the said
Patent being vacated is not sufficient Evidence to recover by at Common Law
So that it seems impracticable for the said John Beale and Richard Beale
to recover their Right tho Unjustly withheld from them by the Common
Rules and Practice of the Court of Law and Equity and that it is thought
Unreasonable having a Right thereto that they should be Deprived of a
remedy Wherefore it [784] Is Prayed that it may be Enacted by his Ldps
the Right Honble the Lord Proprietor by and with the advice and Consent
of the Upper and Lower houses of Assembly and the Authority of the Same
that the said John Beale During his natural life and the said Richd Beale
and his Heirs and assigns for Ever shall and may by virtue of this Act have
hold and Enjoy as full Ample and Clear an Estate as the said Tract of Land
Called Durham as they or any of them should Could or might have if the
said Grant thereof had never been Vacated or Cancelled any Decree or Judg-
ment in any Court of Law or Equity to the Contrary Notwithstanding and
that the sherr: of Charles County shall and may by virtue of this Act Put
the said John into full and Quiett Possession of the said tract of Land with its
Appurtenances, And Whereas the said John Beale has been at an Insupport-
able Expence in the Vindication of his Right to the premisses to the almost
Utter Ruin of himself and family Notwithstanding the Justice of his Cause
And that it may be Disputable he be not barred of recovering his Damages
by the said Severall Decrees Wherefore it is thought reasonable to obviate
all Disputes and Difficulties of that Sort to which End It is further Enacted
by the Authority advice and Consent afsd that he the said Jno Beale shall be
Enabled to prosecute any Suit or Suits at Law or Equity for the recovery of
his Damages and Costs as fully and Amply as he might have been had no
Rule or Decree been Passed in the premisses any thing in such Rule order or
Decree or any Act of Limitation to the Contrary Notwithstanding June the
4th 1719 Read and Assented to by the Lower house of Assembly and Signed
Per ordr M Jenifer Cl: Lo: ho: June 5'* 1719 Read and assented to by the
Upper House of Assembly and Signed Per ordr John Beard Cl: Up: ho:
June 6th 1719 On behalf of his Lordship the Right Honb*e the Lord Propry of
this Province I will this be a Law Jo: Hart.

We also find that his Lordship the Lord Proprietary of the said Prov-
ince of Maryland by his Speech Published and Recorded in the journall of
the Lower house of Assembly in a sessions beginning the 5th of April and
Ending the 22d April 1720 Signified and Declared his assent to the said Act so
passed by the Governour and Upper and Lower houses of Assembly as
aforesd in the words following Vizt: Among the Sev*1 Laws made at a Sessions


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 589   View pdf image (33K)
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