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L.H.J.
Liber No. 50
Mays
p. 163
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made for that Purpose, in the Years 1716, 1720, 1726, 1733, and
1739; but in November 1750, it was, as is observed by the Revisers
and Publishers of those Laws, made perpetual by the following
Clause of an Act that was passed at that Time, viz. " Be it Enacted,
&c. That the aforesaid Act, entituled, An Act for the Encourage-
ment of Whaling, shall be and hereby is continued, and every
Article, Matter, Clause, and Thing therein contained, enacted to be,
remain, and continue in full Force and Virtue, after the said first
Day of December next, to all Intents, Constructions, and Purposes
whatsoever."
The abovementioned Act of Assembly, made by the Legislature
of this Province in 1722, does not only revive and continue that of
1715, but likewise aids and assists it, by directing, that in Case any
Persons summoned to appear before the Field-Officer (holding a
Court-Martial) shall not appear, or otherwise excuse themselves, it
shall be lawful for such Officers to judge their Case as on Default,
The subsequent Law, made in 1732-3, was certainly Enacted upon a
Supposition, that the Act of 1715 was then existing, and several Acts
have been made since that Time, upon the same Supposition, particu-
larly a Temporary One, in 1748, To exempt Persons appearing at
Musters from Arrests in Civil Cases; which has been revived and
continued by an Act that you have yourselves framed within these
Eight Months. By the Supply Bill that was passed in May 1756,
Draughts were directed to be made out of the Militia of this Prov-
ince; and so lately as in the Month of March last, you inserted in a
Bill which was then offered to the Upper House, a Clause to exempt
certain Persons from serving in the Militia.
The Militia of this Province have been Mustered and Trained
under the Act of 1715, ever since it was made, to this Time; Courts
Martial have been held by the Officers agreeable to the Directions of
this Act; Defaulters have been fined and compelled to pay; the Justices
ot the several County Courts have continued to nominate and appoint
Press-masters annually in their respective Counties; and the Press-
masters, when called upon, have regularly performed their Duty, as
indeed they were obliged, under Pain of being prosecuted: Where-
fore, then, would you endeavour to bring your Constituents into
Trouble, by encouraging them to disobey the legal Orders of those
who have a Right to command them ? Or, Why will you, contrary
to the Practice of your Predecessors, appear so anxious to render
this Province Naked and Defenceless, at a Time when every Body,
besides yourselves, will acknowledge, we are in imminent Danger ;
and when our most Gracious Sovereign, out of his paternal Care for
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