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p. 117
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in order to evade the Force of the Law, they ought to be liable to be
broke by the Power given by the Law: The Debtor is Taxed for
Effects which ultimately, in most Cases, must be the Creditors, and
we think it reasonable, that as the Debtor pays a Tax proportionate
to the Value, for the Security of them, he should be refunded what
he so pays; were those Effects in the Hands of the Creditors, they
would pay the same Tax : And if any Agreements should be made,
in order to evade the Force of the Law, in this particular they ought
to be liable to be broke by a Power given by the Law. Had we in our
present unhappy Condition Taxed Debts in the Hands of the Cred-
itor, as is done in our Mother Country at this Time, it must have
exposed the Circumstances of Individuals in too open a Manner, and
therefore we chose this Method.
The Direction of the Bill with respect to the Return of Muster-
Roils, is clearly confined to the Frontier Forces; therefore the In-
conveniencies pointed out by your Honours, on a contrary Supposi-
tion, cannot happen. As to the Payment of the Troops upon the Ex-
pedition, we presume the Agents can easily comply with that Duty ;
and therefore we think it unnecessary to appoint a Pay-Master.
The Officers who may not have it in his Power to comply strictly
with the Directions of the Bill, in Paying the Soldiers to a Day, what
he may have received for their Use, by reason of their being absent
on some particular unavoidable Service or Duty not mentioned in the
Bill, cannot surely incur any Penalty; let him comply punctually
when he has it in his Power, and doubtless he will be safe.
The Clause directing Informations to be filed in the Provincial
Court, against Officers for Breach of Duty under the Bill, seems
more general by the enacting Part than was intended : This appears
from the introductory Part of that Clause, which mentions only the
Cases of making and presenting false Muster-Rolls and Certificates ;
this Regulation we observe in New-England, where we presume the
good Effect of it has been experienced; and as it cannot affect the
Men to be raised for the General Service, after they are without this
Province, and was designed chiefly for those in our Frontier Service,
we presume when duly restricted to the Cases above, it may be useful,
and will not obstruct the Service, especially as no Process can go from
the Provincial Court, on any Complaint, until Leave is obtained
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p. 118
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from the Governor or Commander in Chief of this Province.
If the Campaign should continue beyond the last of September,
the Assembly, which no doubt will set by that Time, will provide for
the Payment of the Troops till the End of the Campaign: And the
surplus of the Money proposed to be raised, may then be applied to
that Purpose if thought proper. Ten Pounds p Man we are of
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