| 1692. |
4 WILLIAM and MARY.
|
CHAP.
XVI.
Witnesses
summoned,
having their
Charges tendered,
and
not appearing,
to forfeit
10 l. Sterling,
with such
further Damage
to the
party grieved
as the Court
shall award.
But see 1715,
ch. 37, §. 5. |
V. And be it further Enacted by
the Authority aforesaid, That if any Person
or Persons, upon whom any Process
out of any Courts of Record,
within this Province, shall be served,
to testify or depose concerning any
Cause or Matter, depending in any
of the same Courts, relating to the Premises,
and having tendered unto him or
them, according to their State or
Calling, such reasonable Sums of
Money, or Tobacco, for his or their Costs
and Charges, as having Regard to the
Distance of the Place, in that Behalf
is necessary to be allowed, do not
appear, according to the Tenor of the said
Process, having not a lawful reasonable
Let or Impediment to the contrary;
that then the Party or Parties,
so making Default, shall forfeit and lose, for
every such Offence, Ten Pounds Sterling;
and to yield to the Party grieved,
such further Recompence, as by the
Discretion of the Judge of that Court,
out of which the said process shall
be awarded, according to the Loss and
Hinderance that the Party which
procured the said Process, shall sustain by
the Reason of the Non-appearance
of the said Witness or Witnesses: The
said several Sums to be recovered
by the Party so grieved, against the Offender
or Offenders, by Action of Debt,
Bill, Plaint or Information, in any of
their Majesty's Courts of Record
in this Province, wherein no Essoyn, Protection,
or Wager of Law to be allowed.
Examined and Compared with the Record, REVERDY
GHISELIN,
THOMAS BACON. |
|
CHAP. XVII.
|
Passed 9th of
June 1692. |
An Act for the Fourteen Pence Tonnage, Lib. LL. fol. 60. and
Lib. WH and
L*. fol. 67. DISSENT.
N.B. This
Act (1.) recites the Act of 1661, ch. 7, for
Port Duties and Masters of Ships, and
sets forth that " the said Act being altogether silent
for what Use the said Imposition hath been
" ever since levied and raised, whereby the true Intent
of the said Law hath been hitherto unknown,
" to the great Dissatisfaction of the good People of
this Province; no other apparent
" Reason or Cause for the same being than only the Advancement
of his Lordship's Interest,
" who hath ever since converted the same to his own Use.
The present General Assembly,
" having taken the Premises into their Consideration,
and being fully satisfied that the Reasons
" and Causes for giving the said Subsidy was for the
better securing the several Ports and Harbours
" within this Province, by erecting of Forts and finding
sufficient Ammunition for maintaining
" the same, which his Lordship hath in no Wise complied
with: And forasmuch as this present
" General Assembly conceives his said Lordship was incapacitated of performing what (upon
" making the said Act) was meant and intended to
have been performed, &c. pray, that it may be
" enacted, &c." and then enacts, (2.)
That 14 d. Sterling per Ton, &c. be paid to their Majesties,
&c. for Support of Government. (3.) That
30 l. Sterling
per Annum be paid thereout to each
Member of the Council having no Place of Profit, in Satisfaction
of their Loss and Time attending
the Council upon all Occasions; the said Councillors
defraying their own Expences, without
any Charge to the Public whatsoever. (4.)
The Remainder of the said Subsidy to go to the
Supply of the Province with sufficient Provision of Arms
and Ammunition, &c.
The Reasons for passing this Act appear
more amply from the following Extract from the
Opinion of the House of Delegates (with which the Council
concurred) upon the Petition of
Henry Darnall, Esq; his Lordship's
Agent and Receiver General, for Liberty peaceably and quietly to
receive and collect all his Lordship's Dues and Revenues
in this Province, &c. Which Opinion was
sent up to the Council Board on the 25th May 1692.
" As to the 14 d. per Ton,
this House have fully searched and examined into the true Cause
" of making this Act (viz. 1661, ch. 7,)
and though the Journal of that Assembly, as well as
" the original Law, is either by Negligence lost, or
designedly made away by the late Government;
" yet many Persons living, and some of this Assembly,
do remember and say, that the
" same was for building of Forts and finding of Powder
and Shot for the Country's Use. And
" further, that the Duty ever was, and is still, by the
Inhabitants called
Fort-Duties and no
" Port-Duties, as it is now termed, in the said
Act: Upon which Evidence, and Perusal of the
" Law, and fully debating the same, This House do unanimously
declare, that the said Fourteen
" Pence per Ton doth of Right, and according to the Intentions
of the Makers of that Law,
" belong to the Crown. And humbly desire their
Majesty's Royal Assent to an Act to invest
" the same in their Majesties and Successors forever.
It seeming very unequal to them that the
" Crown of England should be at the Charge of building
Forts, which is absolutely necessary
" for securing Ships in Time of War, and securing their
Majesty's Duties in both Times of
" Peace and War, and the Lord Baltimore receive
the Money given by his Majesty's Subjects
" for that End and Purpose, &c.
In Pursuance whereof the following Orders were made:
" June 6th, 1692.
" By his Excellency the Governor and Council in Assembly.
" The House, upon their Explanation of
the 14 d. per Ton, having declared their Sentiments
" thereof to be for Duties belonging to and vested in
the King, the Board think it necessary,
" that of all Ships and Vessels that shall hereafter
Clear, the same be secured and collected by
" the Naval Officer; and lodged in Bank until his Majesty's
Pleasure therein shall be further
" known, &c.
|
|
 |
