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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Preface 24   View pdf image (33K)
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xxiv Introduction.

granted (pp. 38-39). The failure of Jonas Green, the public printer, to insert
in the printed Votes and Proceedings of the Lower House for the preceding
session certain accounts of the clerks of the Upper House brought him before
the bar of the house, and resulted in his narrowly escaping censure (pp. lxxxiv,
23). At this session numerous imprisoned debtors petitioned the Assembly
for relief. Many of these had their names included in the bill which was
passed for the relief of various languishing prisoners (pp. 9-10, 24-25, 26,
29, 30, 47, 50, 52-53, 68-73). A bill of a more general character for the
benefit of insolvent debtors was also introduced at this session, but con-
sideration of it was postponed until the next Assembly (pp. 26, 58). Peti-
tions from sundry militia officers asking for back pay for services in the
late war were presented (pp. 7, 9, 32, 53, 54, 55). The committee ap-
pointed to inspect the public offices and records made a very full report
which was presented to the Lower House on May 21st. This report showed
that it had done its work thoroughly. It was especially severe in its criticism
of the way in which the records were kept and transcribed in the Commis-
sary's office and in the Land Office. Appended to the report was a very long
list itemizing the various libers to be found in the several offices, which is
really a full inventory of the public records of the Province (pp. 33-46).
This report will be discussed at greater length in a later section of this Intro-
duction (pp. lxxxiii-lxxxiv).

Legislation. At this short, May, 1766, session, eight acts were passed,
of which five were general laws, one a local law, and two private laws. Only
one of all of these may be considered of much importance—that for the
trial of matters of fact in the counties where they had arisen, which will
be presently referred to. One of the general laws, that to prevent disabled
and superannuated slaves being set free, was a continuance of an old law
(p. 66). Another act, supplementary to "An Act for the speedy trial of
criminals and ascertaining their punishments", provided that legal costs in-
curred in the criminal prosecution of negro slaves be charged to the several
counties (pp. 82-83). The act for the relief of various languishing prisoners
in the several county jails released thirty-two insolvent debtors, two of them
women, and was identical in phraseology with similar acts passed at pre-
ceding sessions (pp. 68-73). The Act for "reviving and continuing of actions
and processes in several of the courts", which were depending in the High
Court of Appeals held in February and in the nine county courts named in
the act held in November or March last, revived and continued all such
actions to future dates named in the act (pp. 83-84). This act was made
necessary because the courts had not functioned during the Stamp Act
excitement.

The act "for the trial of matters of fact in the several counties where they
had arisen" was passed after a controversy between the two houses extending
over a period of many years. The Lower House insisted that the trial of
facts in the neighborhood where they arose was essential to the security of
the lives, liberties, fortunes, and estates of the people, and was in conformity
with the British Constitution, and that holding the trials in the Provincial
Court in Annapolis was not only unjustified on these grounds but also added


 

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Proceedings and Acts of the General Assembly, 1766-1768
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