532 Assembly Proceedings, April 23-June 5; 1740.

L. H. J.
Lib. No. 46

A Bill for Continuing An Act of Assembly of this Province,
entituled, An Act ascertaining the Gauge and Tare of Tobacco Hogs-
heads, and to prevent cutting, cropping and defacing Tobacco taken
on Board Ships or Vessels upon Freight

p. 26

A Bill for Continuing an Act of Assembly of this Province en-
tituled An Act to prevent Cutting up Tobacco Plants, Destroying of
Tobacco and Tobacco Houses and for ascertaining the Punishment
of Criminals Guilty of the said Offences
And A Bill, entituled, An Act Reviving and Continuing an Act
of Assembly of this Province, entituled An Act for the speedy Re-
covery of small Debts before a Single Justice of the Peace
Which Bills were severally Read the first Time and Ordered to
lie on the Table
The House Adjourns to the Morrow Morning- at nine of the Clock

May 3

Saturday Morning May 3^d 1740

The House Met according to Adjournment M^r Robert Lloyd,
M^r Thomas, M^r Wilkinson and M^r Hall have leave of the House to
be absent until Monday
William Stoughton Esq^r from the Committee of Laws, delivers
M^r Speaker A Bill, entituled, An Act for raising An Annual Revenue
for the better Support of the Station and Dignity of his Lordships
Governor for the Time being, and for the Safety and better Defence
of this Province: Which Bill was read the first Time, and Ordered
to lie on the Table.
M^r Speaker communicates the following Answer from his Excel-
lency the Governor, to the Address of this House.

Gentlemen of the Lower House of Assembly,
In answer to your Address delivered to me yesterday by Col^o
Hanson I must confess my self unable to express my Sense of the
Question you ask me in clearer Terms than have been already made
use of in the Order of Council of the I^st of August last.

[See 28

Archives,

Council

p. 174.]

It is there declared to be the opinion of the Board, " That no
Members of the Lower House could be qualified by virtue of any
Order made in the last Convention of Assembly, to act as a Com-
mittee of the said House, after the Prorogation, and during the
Interval of the Assembly, and that the Exercise of any such Au-
thority or Power is not only Unwarrantable and Illegal, but is an
Encroachment on, and has a Tendency to overthrow the Authority,
which every Governor in his Majestys Dominions is invested with,
of Proroguing and Dissolving Assemblies, and that therefore it
might be of very mischievious Consequence to give the least Coun-
tenance to such a Proceeding, even by Overlooking it, or not taking
a due notice thereof."