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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 209   View pdf image
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The Lower House. 209


the Statute of the last Session 6:45 with Fees of Office in America
in Subjecting an Infant Trade to new Delays Ceremonials and Ex-
penses tends to discourage that Spirit of Traffic which an extensive
View of the interests of Great Britain would cherish in all her Sub-
jects The Utility of this new Office Officers Fees and Ceremonials
cannot here be discovered as the Naval Office erected in the Planta-
tions long since by Act of Parliament and the Quarterly Accounts
transmitted from thence would serve as a sufficient Check on the
Collectors thro' whose Hands only the Kings Money passed Besides
the Impolitic General System of the Statute of the 4.th Year of his
present Majesty Chap 15 which not only cramps Branches of the
Trade of the Colonies but will prevent the Importation in some
Degree of Goods from the Advanced price occasioned by the Duties
and thereby turn our Thoughts towards making others to supply
their place The Clause requiring a Bond to be given and Certificate
to be obtained at the Time of clearing several Vessels is looked on
to be extremely grievous as the Fees of Office are thereby conse-
quentially encreased for providing the Bond tho' the Certificate
is to be given Gratis and Traders are put to great Inconvenience
to procure Security in distant Parts and the Difficulty is encreased by
the Bond not being to be cancelled or given up but upon an Order
of the Commissioners of the Customs or four of them at least
In this Act it may be found that Penalties and Forfeitures incurred
in England are to be prosecuted sued for and recovered in the Com-
mon Law Courts those in America in any Court of Record or in any
Court of Admiralty in the resptive Colony where the Offence is
committed or in any Court of Vice Admiralty to be appointed over
America at the Election of the Informer or prosecutor Security in
Sixty Pounds to answer Costs before any Claim to be put in to any
Court in America or the Ship or Goods to be condemned and where
a Vessel or Goods shall be acquitted on Tryal in America and the
judge certifies a probable Cause of Seizure the Def.' to recover no
Costs nor shall the Seizure be liable to any Action Suit or Informa-
tion on Account of such Seizure and even where there is a Seizure
but no information or further proceeding towards Condemnation
and the Court or judge before whom a Trial is had in any Action
for such Seizure certifies probable Cause even altho' a Verdict be
given in the pits Favour Judgment for the Ship Goods or Value
and two pence only to be given without Costs
Americans Sir are astonished at the last mentioned Clauses it
from thence seems to them as if the Parliament esteemed it criminal
to be an American How different is the Language of this Statute
from that of Our Charter how different from that of the Statute
for Naturalization of Foreign Protestants how different the Rule
for Britons and Americans was the power of the Court of Admiralty
immediately under the Inspection of the most Gracious of Kings and

L. H. J.
Liber No. 52
Dec. 6



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 209   View pdf image
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