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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 183   View pdf image (33K)
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The Lower House. 183


Judgment be recorded in a good Record Book in the Office aforesaid,
and properly examined.
All which is submitted to the Consideration of your honourable
House. Signed per Order E. Dorsey, G. Com.
By the Committee of Aggrievances and Courts of Justice
Your Committee humbly take leave to inform your House, that
some Time in the Summer last past, David Peterkin of Dorchester
County, and sundry others in the same County, were complained
against by Charles Beckwith, an Overseer of a Highway there, that
they had omitted to labour on the Highway, to Capt. Basil Noel, of
said County, a Magistrate, and obtained a Warrant on each sup-
posed Omission or Offence; on which Warrants, some particular
Persons being thereby at one Time brought before the said Basil
Noel, who contrary to all Right, disregarding the Rules and Meth-
ods of Procedure ever heretofore used and practiced, refused to hear
any Reasons or Excuses of Sickness, want of due notice, or other
Reasons whatsoever, or even the Evidence of an Oath, for Convic-
tion of them, or any of them, gave Judgment, as he declared, against
them for Payment of One Hundred Pounds of Tobacco on each
Warrant, and the Costs of Two Shillings and six pence, which Fee
to the Constable your Committee conceive is not warranted by Law.
Your Committee further observe, that Capt. Basil Noel afore-
said hath been heard before them, and hath confessed the Facts so
far as related to his own Procedure, and saith he apprehended it
right, he being ludge, but saith further, that if unjust, it was not
through any unjust Design, but for want of Knowledge, and that
he doubted not but he could justify himself.
All which manner of Procedure, whether occasioned by Ignor-
ance, Corruption, or whatever other Cause, your Committee resolve
to be illegal, unjust, and oppressive; and tends to beget in the good
People of this Province, his Majestie's liege Subjects, an ill opinion
of his Lordship's good Rule and Government.
But humbly submit the whole to the Consideration of your hon-
ourable House Signed per Order E. Dorsey Ct. Com.
Which Reports being read, the Consideration of them is referred
to the next Session of Assembly.

Mr Speaker communicates to the House the following Message
from the Governor, viz
Gentlemen of the Lower House of Assembly
I can truly assure you, that any Prospect of Happiness and Quiet

L. H. J.
Liber No. 46

to the People of this Province gives me no less Satisfaction than
your selves, and I have done, and shall continue to do everything in
my Power to convince you and your Constituents of my sincere Dis-
position to such desireable Ends: It was therefore that I deferred

p. 527



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 183   View pdf image (33K)
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