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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 418   View pdf image (33K)
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418 Assembly Proceedings, May 8-June 2, 1750.

L. H. J.
Liber No. 47
May 23

James Martin's, of Worcester, dated December 14, 1741; Decem-
ber 12, 1743. (These have been since paid.)
I take the Liberty further to inform your Excellency, that at the
same Court, by Order of your Excellency, upon the Address of the
Lower House of Assembly, Robert Ungle's Treasurer's Bond was
put in Suit, which bore Date July 3, 1714; And in April Term, 1748,
by Order of your Excellency and Council, Philip Lee's Naval Offi-
cer's Bond, dated August 7, 1733, was also sued; but how properly
that may be called a Naval Officer's Bond, which seems to be taken
as a private Bond, payable to you, and for your own private Security,
it being conditioned to save you harmless, and keep you indemnified
from any Damages which you might sustain, by reason of any Slip
or ill Conduct of the said Lee, in the Execution of his Office; and
this is the only Bond I can find, that he ever passed in that Office ;
and as your Excellency has sustained no Damage, I believe it will be
impossible for any other Person, or the Public, to recover any Thing
on that Bond. However, that Suit is now abated by the Death of
both his Executors; and if I am ordered to sue again for that Money,
I must proceed differently.
Thus, Sir, in Obedience to the Orders I have received from your
Excellency since your Arrival, and in Observance of those I had
received of Mr. Bladen, when Governor, the several Bonds directed
to be put in Suit have been sued, and to these Suits the Parties have
severally appeared, and the Sheriffs have all pleaded a Performance

p. 54

of the Conditions of their several Bonds. I have replied, and as-
signed the Breaches; to wit, That they had severally collected Money
due to the Public for Ordinary Licenses, or public Assessments (as
the Case happened); which Moneys they had not paid into the Com-
missioners or Trustees of the Paper Currency Office, as by Law they
ought to have done. To which Replication they have rejoined, and
say, That they have paid unto the Commissioners or Trustees, the
said Moneys by them received; and upon these Pleadings the Issues
are made up, and the single material Point issuing from the whole is,
Whether they had paid that Money to the Commissioners, or no?
Upon which Issue we have had two Tryals on one of Edward
Tripp's Bonds; the first being set aside, by reason that the Foreman
of that Jury was not a qualified Juror; but both Verdicts were in
Favour of the Sheriff, it appearing on the Tryals that the Payment
was made to William Ghiselin, late Clerk of the Paper Currency
Office, during the Time of his Clerkship; and in Support of which
Payment, the said Sheriff shew'd a Receipt of the Money we had
charged him with, in the Hand-writing of the said Ghiselin, signed
by the said Ghiselin, and mentioned in the Body of the Receipt to be
taken by Order of the Commissioners, or subscribed, William
Ghiselin, Clerk of the Paper Office. And tho' this was proved to be
taken without the Knowlege or Consent of the Commissioners, and



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 418   View pdf image (33K)
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