114 LAWS OF MARYLAND.—1766-68.
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the issue in tail, who can, could, or might claim, as heir of the
body or bodies of any of the parties thereto, and also to bar
those ill reversion or remainder, who can, could, or might claim
in default of issue of the body or bodies of any of the parties
to such recoveries, in the same manner as if such recoveries
had been legally and formally suffered and executed, notwith-
standing the tenant to the writ in any such recovery was not
tenant of the freehold at the time of judgment rendered, or any
other defect in drawing, suffering or executing, any of the said
recoveries; provided, that some one or more of the parties to
such recovery, at the time of such judgment, was actual tenant
of the freehold in the manors, lands, tenements, or heredita-
ments recovered, and the persons, or some of them joining in
such recovery, had a sufficient estate and power to suffer the
same. |
Certain
conveyan-
ces to be
good, &c. |
SEC. 3. And be it enacted, That where any person or per-
sons heretofore gaining an estate in fee simple, or who shall
hereafter gain an estate in fee simple, in any lands, tenements
or hereditaments, within this province, by or under any com-
mon recovery suffered, or hereafter to be suffered, hath or have
conveyed away, or shall hereafter convey away, such lands,
tenements or hereditaments, before the execution of such reco-
veries, or before any entry made therein by the recoveror, such
conveyances shall be as good and available to bar the vendors
and their heirs, and all persons claiming by, from or under
them, as if the said recoveries had been executed, or the reco-
verors therein had entered into the said lands, tenements or
hereditaments, before such conveyance or conveyances thereof
made, any law to the contrary thereof notwithstanding.
CHAPTER 25.
AN ACT to oblige infected ships and other vessels coming into this province
to perform quarantine.
Every section of this law is in conflict with the authority subsequently
transferred by the constitution of the United States to the federal govern-
ment to 'regulate commerce,' which power she has exercised over the very
subject of this act, and the officers, charged with the execution of this law,
are not known now to the constitution of this state.
The 33d sec. of our state constitution gives to the governor, the authority
to order any diseased vessel, to perform quarantine. By 1793, ch. 34, this
power is to be exercised under such regulations as the governor may think
advisable.
MAY, 1768.—CHAPTER 4.
AN ACT for the preservation of the breed of Fish.
This act and all others treating on the like subjects are cast under the
subdivision, of 'general public law,' as they are mixed up most generally,
with public and local enactments. |
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