The Lower House. 601

would have been left out, and the Words Impositions before inserted
in their stead : May we not then venture, upon the Authority of this
Act, to conclude it was the Sense of the Legislature in the Year
1715, that the Naval Officers ought not to take Impost Bonds, for
Duties imposed upon Imports, unless expressly directed by the Act
that laid the Imposition. Having thus endeavoured to shew, and we
hope to your Excellency's Satisfaction, that no Impost Bonds ought
to have been taken in this Case, because it was an Indulgence to the
Trader which the Act did not direct, and was consequently unknown
to the Law, we shall next consider that extraordinary Train of Reas-
oning your Excellency has been led into on the Words of the Act,
at the Time of Entry, which if it had not flowed through your
Excellency's Pen, we should have thought it descending too low to
have taken the least Notice of; but before we proceed we shall insert
the Words of the Act in Dispute, which are as follows, viz. " That
all Masters of Ships and Vessels, and others, importing Servants
into this Province by Land or Water, to serve for the Term of Seven
Years or upwards, at the Time of their Entry shall pay unto the
Naval Officer, for the Time being, belonging to such Port or Place
where they make their Entry, the Sum of Twenty Shillings Current
Money p Poll for each Servant; and that all Masters of Ships or
Vessels, and others, importing Servants into this Province by Land

L. H. J.
Liber No. 50
April 19

or Water, to serve by Indenture or Custom of the Country for a
less Term than Seven Years, at the Time of their Entry shall pay
unto the Naval Officer, for the Time being, belonging to such Port
or Place where they make their Entry, the Sum of Five Shillings
Current Money p Poll; and that for every Negro imported into this
Province, by Land or Water, the Importer or Importers of such
Negro or Negroes, shall pay to the said Naval Officer the Sum of
Ten Shillings Current Money, over and above the Duties or Impo-
sitions already directed and appointed to be paid by an Act or Acts
of Assembly of this Province; and that there shall be paid a Duty
of Two Pence Current Money p Gallon on all Madeira Wine im-
ported into this Province, by Land or Water, by the Importer or
Importers, to the respective Naval Officer of the Port or Place where
the same shall be imported or brought into this Province by Land
or Water as aforesaid."

Upon the bare Perusal of which, your Excellency concluded, that
the Expression, at the Time of Entry, must naturally relate to what
precedes, viz. Masters Importing Servants to serve for Seven Years
or upwards at the Time of Entry, and not to what follows shall
pay, &c. This, we readily believe, was on a bare Perusal of the
Words; for the least Reflection would have furnished your Excel-
lency with a much more easy and natural Construction, viz. that
the Words (at the Time of their Entry) which are the true ones,
had Relation to the Time of Payment of the Duty, and that the
42

p. 79