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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 34   View pdf image (33K)
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34 The English Statutes in Maryland. [498
In response, the Lower House appointed James Stoddart,
John Beale, and Daniel Dulany as a committee to examine
into the provincial records and report on the facts as to the
practice of extension in the past." The committee reported
October 18, asserting that precedents in favor of their posi-
tion were ample and basing their assertions on four kinds of
evidence: the royal charter. Acts of the Provincial Assembly,
commissions and instructions to officers, and judicial proceed-
ings.7 The Assembly followed this report by the adoption of
an address to the Proprietor" which combated the principles
enunciated in his instruction to the Governor, and developed
the counter-claims made by themselves. Of this address an
outline will be given hereafter.
With the session of 1724 the Lower House seems to have
removed its contention from the Statute of Limitations to the
broader and somewhat less definite ground oi the judges'
oaths. Upon the advice of the Committee of Grievances'
the Attorney-General was instructed to prepare a form of oath
which should be consistent with the principles expressed in
the resolutions of 1722. This form he presented October
13."' When this went to the Upper House for consideration,
the expression that the rule of judicature should be " accord-
ing to the laws. statutes, and reasonable customs of England,
and the Acts of Assembly and the usage of the Province,"
aroused criticism from that body. because it gave to the
judges the power arbitrarily to select what statutes and cus-
toms were suitable. After considerable bickering the houses
agreed to change the latter part of the phrase so as to read
Acts of Assembly, usages, and constitution of the Province."
Even thus the bill did not receive the Governor's assent. One
result of the discussion between the Houses was the approval
6 H. J. MS.. Sept. 30. 1723
7 Printed Votes and Proceedings, pp. 10-11.
8 Oct. 21. 1723, Ibid pp. 17-22
9 Printed Votes and Proceedings, p. 39. Oct. 8.
10 Ibid. p. 40.
11 Ibid. t>. 64,

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 34   View pdf image (33K)
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