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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 402   View pdf image
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402 Assembly Proceedings, July 17-Aug. 10, 1716.

U. H.J,

By the Lower House of Assembly
July the 25th 1716

May it please your Excellency and Honours

The Committee of Aggrievances have made the following
Reports Viz.

That that Law now in force against Striking of Fish does
not answer the Intent designed in regard that there can be no
method found to prevent those people that Live convenient
by the Water side they having opportunitys to strike fish
undiscovered When those that live a distance off dare not

p. 197

attempt it for fear of being discovered with the Fish & so
liable to the penalty of the sd Act
And that that Law Entituled an Act for relieving the
Inhabitants of this Province from some Aggrievances in the
prosecution of Suits at Law prevents the Plaintiffs bringing
any actions against the Residents of the Province in the Pro-
vincial Court wherein the Debt or Damages do not amount
to above five thousand pounds of Tobo or twenty pds but the
Defendts are left at their Liberty when sued in the County
Courts to remove the sd Actions by Habeas Corpus to the
Provincial Court if the Debt or Damages in Demand do
amount to above fifteen hundred pounds of Tobo or Six
pounds five Shillings And therefore It is hoped that the same
shall be prevented by a Supplementary Bill to the sd Act
On reading which It was resolved that the same were
Aggrievances And that the same ought to be provided against
Viz. The former by a Bill repealing the Act against striking
of Fish & the latter by a supplementary Bill to the Act
relieving the Inhabitants of this Province from some Aggriev-
ances in the prosecution of Suits at Law & pray your Excellcys
& Honours Concurrence
Signed p order Thos Macnemara Cl Lo Ho.

Which being read & Considered this Board agree to repeal
the Law against Striking Fish.
But having put the Question whither the refusing the
King's Subjects the Benefitt of Writts of Habeas Corpus in
such Cases be not repugnant to the Laws of Great Britain,
Resolved accordingly that if such supplementary Law be

p. 198

made it would be repugnant to the Laws of Great Britain and
invade the Subjects Right of making Use of such Writts
The House Adjourned for two Hours

Post Meridiem
The Upper House Sate Present as in the morning



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 402   View pdf image
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