58 LAWS OF MARYLAND.—1722.
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or maintenance of the clergy or ministry of the church of
England, as by law established, or to the use of the church, or
support of the protestant religion in general, without particu-
larly mentioning to what church, chapel or person, shall be
good and effectual in law, notwithstanding such omission, or
any ambiguity or uncertainty in the wording of any will, if the
intent of the testator can be reasonably collected from the words
of the will.
See the 34th art. of the declaration of rights. |
Land to go
to the
parish, &c |
SEC. 3. And, for putting an end to disputes about the right
to such lands, Be it enacted, by the authority, advice and consent
aforesaid, That where the intent of the testator is at large, and
it does not appear to what church, chapel or person, he devised
such land, in such case the land so devised shall go to the
parish or incumbent where such land lies, in the same manner
as glebes are commonly held, and that no want or insufficiency
of words, (where the intent appears) shall defeat such parish or
incumbent of such land. |
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Proviso. |
SEC. 4. Provided, nevertheless. That this law shall in no
wise affect any lands that have been heretofore disputed in law,
or escheated, or about which there is at this time any contest or
law-suit depending; and provided, likewise, that such will or
wills have and shall be signed by the testator so devising the
same, or by some other person in his presence, and by his
express directions, in the presence of three or more credible
witnesses and duly proved.
See 1798, ch. 101, sub ch. 1, sec. 1.
CHAPTER 5.
An ACT to regulate Prosecutions in criminal cases. |
No indict-
ment to be
exhibited,
&c. |
Be it enacted, by the right honourable the Lord Proprietor,
by and with the advice and consent of his lordship's Governor,
and the Upper and Lower Houses of Assembly of this province,
and the authority of the same, That from and after the publica-
tion hereof, no attorney-general, or clerk of the peace or of
indictments, shall exhibit any bills or bill of indictments to any
grand Jury against any person whatsoever, without an express
order from the governor and council, or from the court where
the prosecution is to be, or some one of the justices of such
court, or unless the offender be bound over to such court, or
that the grand jury find or make a presentment of the offence
of their own knowledge, upon penalty of paying the party
grieved all the damages and charges that shall be occasioned
by such prosecution, any law, statute, usage or custom, to the
contrary notwithstanding.
See note under 1715, ch. 48, sec. 1.
So much of this, as gives power to the governor, to cause bills of indict-
ment to be exhibited, is not sustained by the constitution of this slate. |
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